HomeMy WebLinkAboutMINUTES - 12182001 - C.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 594
SUBJECT: Authorize Public Works Director to Arrange for Completing Improvements, and
Authorize County Counsel to Take Legal Action to Obtain Funds for Completing
Improvements, DP 3004-95, Danville area(District III).
The Board,on January 14, 1997,having approved a road improvement agreement with Dame
Construction Company,Inc.("Developer")for construction of certain improvements in DP 3004-95
(Fleetwood Road), in the Danville area.
At the time of entering into the road improvement agreement,the Developer furnished to the
County, as security for the Developer's obligations to construct the improvements and faithfully
perform the agreement,a corporate surety bond(Bond No.B2419447)dated November 22, 1996,in
the amount of $16,700.00, issued by Reliance Insurance Company ("Surety"), together with a
$1,000.00 cash deposit(Auditor's Deposit Permit No. 287061 dated November 27, 1996).
The Public Works Director having reported that the Developer has failed to satisfactorily
complete the work as required by the agreement.
G:\GrpData\EngSvc\BO\200I\Tenlp\DP 3004-95 BO-39-2.doc I hereby certify that this is a true and correct copy of an
JC:Iad action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) Supervisors on the date shown.
cc: Public Works Accounting
J.Millar,Construction
R.Bruno,Construction ATTESTED: December 18, 2001
Design
Administrator JOHN SWEETEN, Clerk of the Board of Supervisors
Auditor-Controller
County Counsel and County Administrator
Dame Construction Company,Inc.
P.O. Box 1007
San Ramon,CA 94583
Ramona Seideman
Travelers Bond CorMany By , Deputy
350 California Street,Ste.2020
San Francisco,CA 94104
Rick Dame
Dame Construction Company,Inc.
2070 San Ramon Valley Boulevard
San Ramon,CA 94583
RESOLUTION NO.2001/ 594
SUBJECT: Authorize Public Works Director to Arrange for Completing Improvements, and
Authorize County Counsel to Take Legal Action to Obtain Funds for Completing
Improvements, DP 3004-95, Danville area(District III).
DATE: December 18, 2001
PAGE: 2
The Public Works Director having recommended that he be authorized to arrange for
completing the work, which is estimated to cost $17,700.00, plus the cost of preparing plans and
specifications,soliciting bids,administering the contract,and recovering monies from the Developer,
and having further recommended that he be authorized to use the cash deposit to help defray the
County's costs.
The Public Works Director having further reported that the County cannot fund the
construction of the improvements without first obtaining monies from the Developei'or the Surety,
and having recommended that the County Counsel be authorized to take appropriate legal action,
including the filing of suit, against the Developer,the Surety,the Surety's successor, and any other
responsible parties to obtain the necessary funds to complete the improvements and to defray the
County's costs.
Now, therefore, the Board RESOLVES and ORDERS as follows:
1. The Board approves the Public Works Director's recommendations.
2. The Board directs that the Clerk of the Board mail a copy of this Resolution to the Surety and
the Developer to make a formal demand against the above bond.
RESOLUTION NO. 2 0.01/S 9 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 14, 1997 by the following vote: C ,I3
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.
I'
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 c rttfy that this Is a true and oorredt Dopy of
an aetlon taken and entered on the minutes oofl iha
board of 8upervisons on the date shown.
,%TTEMD.
PHIL BATCHELO Clerk of the board
RL:KF:mw of Supervlsm and County Administrator
g:\en&%vc\bo\bo-l4.t1
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,41300,San Francisco,CA 94104
T-November 14,1997(P 1)
ES File-SUB 7279
,i
ROAD IMPROVEMENT AGREEMENT
Developer: Dame' Construction Co. , Inc. EfFectiveDate: JG1hUA/'tr `�1 A 1a
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)
J.Michael Walford
Public Works Director
By: (Signature)—401-e 1-11K7
gnint tame&tido)
RECOMMEND OVAL: Carl D. Dame'
President and Chief Financial Officer
By: (Signature)
En tnee ' ices Division (print netne&tide)
FORM APPROVE : Victor 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&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"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. UvTROVEMENT 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: S 1,000.00 cash,plus additional security,in the amount of S 16,700.00 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.
�— 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 S 8,850.00 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
R 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 594.4.406 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. IMPROVEMENT 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. I&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.
A 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 liability 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 specifications)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 attorney's 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,afier the improvements are complete.
Other(requires County Counsel approval)
L'wpsVavrNe-reem�y,t.1
griii/:we►si?�1'946
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On \& before me, 'arQ r o Lk +�, Though statute does not require the Notary to
w often e.o.• fill In the data below,doing so may prove In-
personally
valuable to persons relying on the document.
personally appeared J ark 'l 0 INDIVIDUAL
17 CORPORATE OFFICERS)
�personalty known to me-OR-O provided to me on the basis of satisfactory
dence to „
be the person(4whose name(Q is/are
subscribed to the within instrument and 13 PARTNER(S) O LIMITED
acknowledged to me that he/sheAheyc O GENERAL
r CAROL BROWN executed the same in h-wtwMeir ❑ATTORNEY-IN-FACT
V Comm. M0882 ; authorized capacity(ies),and that by E3TRUSTEE($)
v TAAY PUBLIC-CALIFORN J h err slgnaturefs}on the p GUARDIAWCONSERVATOR
CONTRA COSTA COUNTY instrument the person(s�or the entity ❑OTHER:
Carni Expires Aft 11r99� upon behalf of which the person(s)
acted,executed the instrument.
WITNESS my hand and official seal, SIGNER IS REPRESENTING:
wort of PUtSOMM oa ertmpEsl
SKR�IURF OF NO 1ARY
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
�r.sw.r
.«.mw..a wrd p.."a�.rwia
I�btln.rt e1 N.f—
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.
I. 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 signer's interest In the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing parry must be either a general partner or be authorized in writing to have
e authority to sign tor and binde partnership.
IV. SIGNATURES FOR CORPORATIONS
lJocuments shouldsigned by two o vers,one from each of the following two groups:
GROUP 1. (a
The Chair of the Board
b The President
/-I Any Vice-President
GROUP 2. a The Secretary
b 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 Directors 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".
9iM..orfMgtary.new
s.
i
j
i
Bond B2419447
i..
' 1MPRQvt;Mi!NT BECURITT BOND Premium: $418.00 �
FOR ROAD IMPROVEMENT AGREEMENT
on FLEETWOOD ROAD j
(faithful porformance & maintenance, ■ rind asterisks)
1. 4e�[QAT[OM. jlrtnciosiJ DAME' CONSTRUCTION CO. , INC. as Prinef.pel, and
�R'urttY) RELTANCE. INSURANCE COMPANY
a corpoentlon organf!4d
end ex1sti.ng under the tars of the !tate of PENNSYLVANIA 11 ■rid outhoritsdto transact surety
businAss In Californie,. as Surety, hereby joint6y and asverally; bi oursalrea, our heirs, executors,
sdministraters,;successor$ and seefens to the County of Cootre Costs, California to pay itl
A. Falthful Pirformence, and Natntenanca
SIXTEEN THOUSAND-SEVEN HUNDRED AND NO/100-------_---
for teaor an ea• • nail. .(f_16,700.00-----—�
Y e t y� pnee under t • elow-cited Road laprov""mi Agreement, Otus
4. labor and Materials
EIGHT THOUSAND EIGHT HUNDRED FIFTY AND NO/100-- -- Qolllars (=8,850.00---------)
for t e benefit of persons protected under Title 15 at 5sq.) of thi California Civic Code.
2. 12CITAL Of CMITIACT. The prinei at contracted with the county td (notch and pay for street, dreinafe,,
and other oprove�aents in DEVELOPMENT DP. 3004-95 , ao specified. In ;the Road Improveaent Agramsent,
and to completalseld. work wit In; the t na Specified in the Road Ioprovewar{t Aoreem"t for completion, ali
In accordance.. with '!tate and local taws end rulings thereunder !in order to satisfy the evnditio.ns of
approval for FT.F.F.TW00 ROAD
iI
3. �RItt if the principst foith�fulty performs all %hinge hequired 0 .hla according to the teras an,d
canditto�s of s#id contract and Improveeent plan and improvements( aa�WI -06 by his.and the County, then
this oblioa.tion. as . to Section I1.A. above . shell become null end void, � wxcspt that .the guarantee of
nafritenance continues for the one-year period; end if he fully pars the,eontrocter■, subcontractors, and
persons renting . "ulpment or furnishing tabor or materlals to...thM for said work end i■pro"atent, end
pretecta the prss see frOM elsism of ,such tions; then this .obijastion' a■ to. Section 1.1. .above shall
become null and ,void; otherwise..this obligation remains In full ionto and, eff*ct.
No alteration of sold contract or any plans or specifications of gild work;agreed to by the Princippet and
tht County shat.!, rep ave any turity from liebility on this band; and consent. Is hereby piven.to•maka such,
alterations without.further notice to or. consent by Surety; and th4:Surety heriby.weives the provislons of .
Catif"mis 'elvit Code 12819, and holds itself bound without rsve�d to .aid Indipendantly of any actioq .
against Principal whenever taken,., and egress that if county sues on this bond,. Surety will pay reasonable
attorney tees fixed by court to be taxed as costs and included In bhs ]udgnh?nt. .
11'6M AIM SEALED on November 22, 1996
eft i NS LTAC DAME' CONSTRUCTION CO.-, INC. IANCiE INSURANCE
SURETYOMPANY
By
Kat /leetskyant,.IAttorney—in act .
�ddres■ Address 5801 California St. , M00
I
San .Franlisco,l CA 94104
II
� I
I
CALIFORNIA ALL-PURPOSE ..+1CNOWLEDGMEN4 No.5907
State of California
County of Contra Costa
On 11/22/96 before me, SUZANNE 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/mm
subscribed to the within instrument and ac-
knowledged to me that WWshe/0WF executed
the same in kift/her/kmix authorized
capacity(, and that by ±xbdher/ c
signature(s) on the instrument the person($),
SUZANNE JOSLY
COMM. #1010464 or the entity upon behalf of which the
a ,--
NOTARY PUBUC-CAUFOMA person(s) acted, executed the instrument.
Ur CONTRA COSTA COUNTY -•
IP My Comm.Expires April 22,19981
W I 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 C014PANY SIGNER(S) OTHER THAN NAMED ABOVE
--- - -------- -----
®1993 NATIONAL.NOTARY ASSOCIATION•6236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
• 1 tl • tl' D • D 6 l' "
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
AOMINISTRATIVE.OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin.(herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Kathleen Bryant, of Concord, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and
on their behalf, and as their act and deed any and all bonds.and undertakings of suretyship and to bind the Companies thereby as fully and to the
same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President, the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shall have power and authority to(a)appoint Attorney ls).-In-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity
and other writings obligatory in the nature thereof,and Ib)to remove any such Altorneyls)•in-Fact at any time and revoke the power and authority given to them.
2. Attorneys)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company bonus
and undertakings, recognizances,contracts of Indemnity and.other writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,
recognizances,contracts of indemnity and other writings obligatoryin the nature thereof.
3. Attoiney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances, contracts of indemnity or other conditional or obligatory
undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof.
! This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance
i
Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent date(t.as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31,1994.
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by
facslmils,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company,in the future with respect to any bond or undertaking to which it is
attached."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19,
1996.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
'• .w,�oc l�e�r• J
)r
SEAL
SGL i < = aLA[ t•••tt rT %/1 /, ;r^:
STATE OF Washington }
.COUNTY OF King } ss.
On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of
the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National
Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing
the name of the corporation by himself as its duly authorized officer. 0 BLq
�G �ystorrfti(-
In witness whereof, I hereunto set my hand and official seal.
NOTARY �t
"Il•4
PUBLIC
`i 12-29 97 0`
9r V�
FO£y1, NotarA Public in and. or the State of Washington
Residi at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY.COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is.still in full force.and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of November 1996
P. 110 '�'�� Assistant Secretary
�. SFAL , + } slut
• �• liffelel • o
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of -��'�\c5 V- Nr,�a OPTIONAL SECTION
County of e,r,tr _o�� CAPACITY CLAIMED BY SIGNER
On to before me, ��r o` 1'�r n ,,�, Though statute does not require the Notary to
DATE OFFICER EQ.• fill k1 the data below,doing so may prove in-
valuable to persons relying on the document.
personally appeared 1A;c�.a�� ,�� IP ❑INDIVIDUAL
�
�� O CORPORATE OFFICER(S)
aj' ersonaliy known to me-OR-0 provided to me on the basis of satisfactory
evidence to
be the person(s)whose name(s)istare TLEM
subscribed to the within instrument and 0 PARTNER(S) 0 LIMITED
acknowledged to me that he/sheAhey 0 GENERAL
CAROL BROWN executed the same in his/herAheir 0 ATTORNEY-IN-FACT
Comm, +I"ON2 authorized capacity(ies),and that by 0 TRUSTEE(S)
AMY PUSUC-CAI. his/her/their signature(s)on the 0 GUARDIAN/CONSERVATOR
CONTRA COSTA COUNTY instrument the person(s)or the entity
COM. ❑OTHER:
OM.Es6lrss Ap 111.1967 upon behalf of which the person(s)
acted,executed the instrument
WITNESS my hand and official seal, SIGNER IS REPRESENTING:
WAW of POSOWS)OR amTYQES)
,91QMTWRF OF a
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
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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.
I. 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 signer's interest In the
property must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
e authority o sign for and &n�ie partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should signia-6—y-fWo--o7ficers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
b The President
c Any Vice-President
GROUP 2. a The Secretary
b 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 Directors 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'.
ylworMnohry.new
7184
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place h in the box near the speakers' rostrum
before addressing the Board.
Name: Phone:
--]
-Cftr
1 am speaking for myself or organization:
Imm of oraani�tioN
O ONE:
1 wish to speak on Agenda Item # pate;
My comments will be: aenoW for against .
1 wish to speak on the wbject of
1 do not wish to speak but leave these come a tts for the Board
to consider:
SPEAKERS
1 . Deposit the "Request to Speak" form (on the reverse
side) in the box next to the speaker' s microphone
before your agenda item is to be considered.
2 . You will be called on to make your presentation.
Please speak into the microphone at the podium.
3 . Begin by stating your name and address and whether
you are speaking for yourself or as the
representative of an organization.
4 . Give the Clerk a copy of your presentation or
support documentation if available before speaking.
S . ,Limit your presentation to three minutes . Avoid
repeating comments made by previous speakers . (The
Chair may limit length of presentations so all
persons may be heard) .