HomeMy WebLinkAboutMINUTES - 01141997 - C13 • THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 14, 1997 by the following vote: �3
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/22
SUBJECT: Approval of the Road Improvement Agreement for DP 3004-95, Danville area.
The following document was presented for Board approval this date for Development
Permit 3004-95, property located in the Danville area.
A Road Improvement Agreement with Dame Construction Company, Inc., developer,
whereby said developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the date of said agreement. Improvements generally consist of
constructing a cul-de-sac bulb at the end of Fleetwood Road.
Said document was accompanied by the following:
Security to guarantee the completion of road and drainage improvements as required
by Title 9 of the County Ordinance Code, as follows:
a. Cash deposit (Auditor's Deposit Permit No. 287061, dated November 27,
1996)in the amount of$1,000, made by Dame Construction Company, Inc.
b. Additional security in the form of a corporate surety bond dated November
22, 1996, and issued by Reliance Insurance Company (Bond No. B2419447)
with Dame Construction Company, Inc., as principal, in the amount of
$16,700 for faithful performance and $8,850 for labor and materials.
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement
is APPROVED.
1 hereby am*that this Is a true and correct copy N
an ,on taken and entered on the minutes of Iha
Board of Supervisors on the date shown.
ATrESTETnn1iqn7 14 3092
P ILL BATCHELO Clerk of the board
RL:KF.mw of Supervisors and County Administrator
g:\engsvc\bo\bo-]4.t]
Originator:Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Director of Community Development
Public Works-R.Bruno,Construction
Dame Construction Company,Inc.
2070 San Ramon Valley Blvd.,San Ramon,CA 94583
Kathleen Bryant,Reliance Insurance Company
580 California Street,#1300,San Francisco,CA 94104
T-November 14,1997(P 1)
ES File-SUB 7279
ROAD IMPROVEMENT AGREEMENT {
Developer: Dame' Construction Co. , Inc. EfI'ectiveDate: �� IQ
7
Development: DP 3004-95 Completion Period: 1 Year
Road: Fleetwood Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER: (Name and Title)
7.Michael Walford
Public Works Director
By. (suture)
(print name&title)
RECOMMEND OVAL: Carl D. Dame'
President and Chief Financial Officer
By: (swnature)
En l�iices Division (print name 8c title)
FORM APPROor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations Code
S313.)
1. PARTIES 8t:DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "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 govem.
3. MIPROVEMENT 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: $ 1,000.00 cash,plus additional security,in the amount of$ 16,7 00.00 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$ 8�850.00 _which is fifty percent(50%)of the estimated cost of the work. Such securityis
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.
C. 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(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,
"Acceptance",of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined
by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year
from and after the Board of Supervisors accepts the work as complete.
6. DAPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2 and as required by the Conditions of Approval for the development. It at any time before the Board of Supervisors accepts the work as complete or during
the one year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish
the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor
shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,
agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined
below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,
claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense
of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,
or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged
damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract;overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the
work.
11. INCORPORATION/ANNEXATION. It before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall
be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this
agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval)
c�cv�.ra-t�.a u•
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
4
State ofl('�.�a\•,1ne- OPTIONAL SECTION
`'
County of r+v,\r"A1: bg`a �� • CAPACITY CLAIMED BY SIGNER
On�� before me, '3r a ` J`�r o " ugh mute does not require the Notary to
w Eo., tint in the data below,doing so may prove in.
+ valuable to persons relying on the document.
personally appeared - rdwlD INDIVIDUAL
O($) ❑CORPORATE OFFICER(S)
rsoaly nknown to me-OR-O provided to me on the basis of satisfactory
vtdence toT�
be the person(4whose name(O Ware
subscribed to the within instrument and ❑PARTNER(S) O LIMITED
acknowledged to me that helsbe&Wy ❑GENERAL
r CAROL BROWN executed the same in h�stheilt#ear O ATTORNEY-IN-FACT
authorized capacity(ws),and that by ❑TRUSTEE(S)
Comm. #990882 his/herMtek signature(4on the O GUARDIAN/CONSERVATOR
ARY PWM•CALWom instrument the person(s)or the entity p OTHER:
CONTRA COSTA COUNTY jjj upon behalf of which the person(r4
}.,�.,y t o"M �11,1997' acted,executed the instrument.
WITNESS my hand and official seal, SIGNER IS REPRESENTING:
"�-..• _ WAW of PERSOW S)at OMMEM .
SIGNATUUNt CM WJ I AKY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
t00�000ar.W,i."e Il byi-,
lmgpor.v,Y"bl.M(w.a"M�npmM �
AeeMwt+ndendd prwart MrWwR
n"R.d.+wi dllit form.
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
Ii. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the
proRTY—must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
ffi—e-auffFority to sign for and Ende partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed Dy two o cern,one from each of the following two groups:
GROUP 1. a The Chair of the Board
b The President
c AnVice-President
GROUP 2. a Thy e Secretary
b An Assistant Secretary
C
The Chief Financial Officer
i
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A
currently valid power of attorney,notarized,Wit suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
" .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board
of Directors".
9rw-lary.new .
gond B2419447
j Premium: $418.00
IMPROVEMENT SECURITY logD
FOR ROAD IMPROVEMENT AGREEMENT
on FLEETWOOD ROAD I
(faithful perforai•nee & maintenance, ■ r';and as riots)
1. 49i,Iq TA ow. SQ',rtnCfoalJ DAME' CONSTRUCTION CO., INC: �. as Prtnrl: al
p , and
(g'utsty) RELIANCE. INSURANCEwCONPANY i1 a eorpoeat(on oroantT,id
snd ex.tstin9 under the lava of the !tate of PENNSYLVANIA 1 ! eW suthorfted to transact surety
bus 922 in Csiffornio,. as' surety, hereby joint y and severally bin ourse[rss, our heirs, executors,
administrators,:successors arm aasione to the County of Contra Costa, Cetifiornts to pay itl
A. Faithfut PfrfOrMll"Ce, and Maintenance
SI%TEEil THOUSAND HONORED AND NO/100------- -- Oo�lars . .tM16,700.0
for Itsetfor any a tyast pee under t" below-cited Ria I■Iplrovenen Agreement, }flus
Y. labor.and Naterfats
EIGHT THOUSAND EIGHT- HUNDRED FIFTY AND NO/1,00---77-- *allays t;8,.850.00=--------y
for the benefit o persons protected under Titie is 1s$ at 514.1 of the Catifornla Ctvt . Code.
2. RECITAL De CONTRACT. Cho prineipat contracted Withh the County d Insult and.pay for street. dre4nage,:
and other improvements Sn DEVELOPMENT DP: 3004-95 as speelffed' In ;Lhe Road Improvement Agreement,
and to eompieta sold work wit in; the t ate specified in the Road I�■provomnit Aoreea�ent for completion, all
in accordance_ with State and toeat laws and rulings thereunder Tr olden to satisfy the eonditiona of
opprova t for FLEEIWUOD ROAD
3. r2kAJIM. If the principal feithfuLly performs alt things requ,fred of him according to the terns and
ei tions of 441d contract and :improvement plan and inprovvmonts� ser*ed.on by his.and the County, then
this oblioa.tfon. ss to Section I.A. above . shatl. become null aril void,. : except that .the 9uar,antee of
maintenance continuer for the one-year. period; and if he Putty psjys the,contraeters, subcontractors, and
parsons rsntfng ',"equuipment or fu�ntshins tabor or materials to..thea for said work end improvement, end
z protects the praises from ctsi■e of .such tfens; then this ob.lIgotion' as to. section 1.1. ;above shalt
become mutt and old; otherwise. this obtigstion remains in Putt torts and effect.
i
No otterition of sold eontraet or any pians or speeffications of �riiid.york;a9reed to by the Prtmcip.t and
the County shatt, rmtieve s" Surety from lfebitity on this bond; end consent. to hereby given to make succi
alterations without further noties to or. consent by Surety; end th4;4urety hersby.waives the provlalons. o!
Catifoonis 'Civil' Coda 12819, and: hotdo Itself bound without regard to',si+d Indoendantly of any actioq
asafnst Princlpat, whenever taken,: and agrees: that if County sues on thle bond,. Surety wltt.pay reasonabts
attorney fees f1k&d by Court to bs taxed as costs and included in the Judgmomt. ,
,STOM AIM SEALED on November 22, 1996
PR I tiC tPAI DAME' CONSTRUCTION CO.. INC. SUIRFTY IAN E r NSURANCE O�PANY
v
KatAleefiWyant, Attorney iii act
Address . . Address 580!California St. , 1 1300
1 San Fra. nqjLscu.,jCA94104
------------------------
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CALIFORNIA ALL-PURPOSE&KNOWLEDGMENT • No.5907
State of California
County of Contra Costa
On 11/22/96 before me, SUZANM JOSLYN ,
DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared KATHLEEN BRYANT ,
NAME(S)OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(m) is/ism
subscribed to the within instrument and ac-
knowledged to me that X,she/ executed
the same in kft/her/ authorized
capacity, and that by cher/
�. SUNNE J�OSLYNI signature(z) on the instrument the person(x),
COMM. #1010464 m or the entity upon behalf of which 'the
a.m � NOTARY PUBLIC-CALIFORNA v person(x) acted, executed the instrument.
U' CONTRA COSTA COUNTY
My Comm.Expires April 2'2,1998
WI ESS my han d official seal.
SIGNATURE OF OT RY
OPTIONA
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
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
RELIANCE INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
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TiIELBACK OF THIS Di NTAINS AN ARTIFICIAL WATERMARK HOLD AT AN ANGLE TO VIEW,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of V, V%1� OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On 10 before me, Though statute does not require the Notary to
.. Win the data bekYw,doing so may prove In-
OF�E.Q.74AM LK)t-NOTARY KRILIC' va I luable to Persons relying on the document.
personally appeared �
13 INDIVIDUAL
0 CORPORATE OFFICER(S)
9-1; rsonally known to me-OR-0 provided to me on the basis of satisfactory
evidence to
be the person(s)whose name(s)islare
subscribed to the within instrument and 0 PARTNER(S) 13 LIMITED
acknowledged to me that helsheAhey 0 GENERAL
AROBROWNexecuted the same in his/herAheir 0
ATTORNEY4N-FACT
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Comm. MON90862 authorized capaciKies),and that by 0 TRUSTEE(S)
Y PUBLIC- his/herAheir signature(s)on the E3 GUARDIANICONSERVATOR
k mumv
COMM COSTA COUMV instrument the person(s)or the entity 0 OTHER:
Cam.E01ro Apt#11.IW_ upon behalf of which the person(s)
acted,executed the instrument
WITNESS my hand and official seat, SPIGNER IS PUMCHM ROR EPRESTYPES)ENTING:
OF Offt
W-NATUREOf
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES—DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signers interest In the
pr0TFr7[TM—uSt be stated.
Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized In writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by&--oo-fficern,one from each of the following two groups:
GROUP 1. (a The Chair of the Board
b The President
Any Vice-President
GROUP 2. a The Secretary
[Jb An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the
Board of Drectors authorizing the person signing the instrument to execute instruments of the type in question is required. A
currently valid power of attorney,notarized,Will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board
of Directors".
- P
Request to S eak Form
( THREE (3) MINUTE LIMM
Complete this form and place h in the box near the speakers' rostrum
be addressing the Board
Name:�`� C�1v4XNNWW.-- *hone: 3
,address: +A0101�e-e-twocoi
1 am speaking for nryselor organization:
(panic of 05MIGAMAMUM
CH ONE:
1 wish to k on Item #L O t3 Oates I- ) -�1
� �g�
My comments will be: general _for_aond
1 wish to speak on the abject of
I do not wish to speak but leave these comments for the Board
to consider.