HomeMy WebLinkAboutMINUTES - 12162003 - C1-C5 TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
LATE: DECEMBER 16, 2003
SUBJECT: APPROVE the Vasco Roan and Camino Diablo Intersection Improvements Interim
Project Phasing and Striping Plan, Byron area, (District 1111) Project No. 0662-
6R4097-03
Specific Request(s) or Recommendation(s) & Background &Justification
1. RECOMMENDED ACTION:
1. APPROVE Interim Project Phasing & Striping Plan for Vasco Road and Camino Diablo
Intersection Improvements Project.
Continued on Attachment: �t SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�PROVE OTHER
SIGNATURES):
CiMBER 16 , 2003
ACTION OF BOO*D ON APPROVED AS
RECOMMEND�L7 OTHER
VOTE OF SUPERVISORS NONE
xx UNANIMOUS(ABSENT )
AYES:-NOES:
ABSENT: ABSTAIN:
MC:tb
G:\GrpData\Const\BO\2003\Vasco Road 8,Camino Diablo Intersection
lmprovements.doc I hereby certify that this is a true and correct
Orig.Div: Public Works(Construction Division)
Contact: Mike Carlson(825-313-2321) copy of an action taken and entered on the
C: E.Kuevor,CAD minutes of the Boardof Supervisors on the
Public Works Accounting
Auditor-Controller date Shown.
Design
Transportation Engineering
SR4 BP Authority(via PWD)
ATTESTED: DECEMBER 16, 2003
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By ,
Dep y
SUBJECT: APPROVE the Vasco Road and Camino Diablo Intersection Improvements Interim Project
Phasing and Striping, Byron area, (District 111) Project No. 0662-6R4097-03
DATE: December 16, 2003
PAGE: 2
III. FINANCIAL IMPACT:
The total construction cost is$720,000 funded by 80% East County Transportation Improvement
Authority, 10% Local Road Funds, and 10% City of Brentwood. This interim phasing is anticipated
to cost an amount of no greater than $20,000, which will be paid by change order to the
contractor.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The Board of Supervisors previously approved, on August 5, 2003, a Joint Exercise of Powers
Agreement with State Route 4 Bypass Authority to bring this important project to fruition. One of
the terms of the agreement is for the County to approve project plans and specifications.
Construction on the project began on October 6, 2003 and has progressed quicker than
anticipated. The final paving of the intersection was completed on November 20, 2003. Currently
there are only minor clean up items in order to complete Phase I of the Contract. Phase 11 of the
Contract,which includes the actual modifications to the signal, is expected to begin early February
2004. The delay is a result of the signal hardware being backordered.
After reviewing the intersection, the Public Works Department engineered a plan that will utilize
the new pavement widening prior to the installation of the new signal hardware. During this period
the existing signal hardware will remain operational. It is estimated the increased cost for this
change is approximately$20,000 which includes safety measures, moving existing signal poles,
and mobilization cost for out-of-sequence work.
The plan will provide for the final striping on Vasco Road and the existing striping on Camino
Diablo Road. Therefore on Vasco Road, two thru lanes in each direction will be provided on the
approaches to the intersection. This plan has been reviewed by Public Works Department, and
our construction management consultant, Parsons Brinckerhoff. The proposed changes will
improve traffic flow during construction in a safe manner.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the plan is not approved, excessive delays will continue on this heavily congested route.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 16, 2003
SUBJECT: Joint Exercise of Powers Agreement (Service Agreement) with City of Orinda to provide
hydrauger maintenance, Orinda Area. Project Number 4660-6X2516.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a Joint Exercise of
Powers Agreement(Service Agreement)with City of Orinda in the amount of$14,000 annually for
County to provide maintenance of hydraugers, effective December 19, 2003,through December,
19, 2004, Orinda area. (City of Orinda funds) (District Ii).
Continued on Attachment: X SIGNATURE:
✓#ECOMMENDAT15N OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURES): {
ACTION OF BOAF CMEBER 16/03 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an
xx UNANIMOUS(ABSENT NONE } action taken and entered on the minutes of the Board
AYES: NOBS: of Supervisors on the date shown.
ABSENT: ABSTAIN:
JY:RT:kd:lx DECEMBER 16, 2003
G:\GrpDatMMalnt\Kim\Board OrdersiBO 12-16.doc ATTESTED:
orlg.Div:Public Works(Maintenance) JOHN SWEETEN, Clerk of the Board of Supervisors
Contact: R.Tavenler(313-7006) and County Administrator
cc: Accounting
P.McNamee,Public Works Deputy Director
J.Yee,Maintenance
City of Orinda
By Deputy
SUBJECT. Joint Exercise of Powers Agreement (Service Agreement) with City of Orinda to provide
hydrauger maintenance, Orinda Area. Project Number 4650-6X2516.
[SATE: December 16, 2043
PACE: 2
11. Fiscallmpact:
There will be no impact to the General Fund. The County will provide services to the City of
Orinda and the City of Orinda will fully reimburse the County for its costs.
111. Reasons for Recommendations and Background:
The City of Orinda has a number of hydraugers that require annual maintenance. The County owns
and operates equipment to maintain its own hydraugers. The City of Orinda desires to have the
County maintain the City's hydraugers.
IV. Conseguences of Negative Action.
None.
SERVICE AGREEMENT
This agreement is entered into on the 16 th day of December, 2003,between the
City of Orinda, a municipal corporation of the state of California, ("city'), and the
County of Contra Costa, a political subdivision of the state of California,("county").
The parties to this agreement mutually agree and promise as follows:
1. Pp se and scope of work. The purpose of this service agreement is to provide
for hydrauger cleaning within city and other related services as described below and in
Appendix A.
2. Responsibilities of city and county.
a. County shall be responsible for the following:
(1) annually clean city hydraugers in the manner more particularly
described in Appendix A on the prior written authorization of City.
(2) provide an estimate of the hydrauger cleaning costs(listed in
Appendix A)prior to the work being done.
(3) inform city of necessary hydrauger repairs.
(4) invoice city on a quarterly basis,Listing the hydrauger location,
length, flow rate and condition of each hydrauger serviced.
(S) submit an annual report to city listing the location, length, flow
rate and condition of each hydrauger serviced.
b. City shall be responsible for the following:
(1) review and approve county estimate of hydrauger service costs in
writing prior to the work being done.
(2) review annual report and direct county to increase,maintain or
decrease hydrauger cleaning services.
(3) obtain all rights of entry.
(4) repair existing hydraugers and install new hydraugers, in the
City's sale and absolute discretion.
3. Financial responsibility. City will pay all costs for hydrauger cleaning which has
the prior written approval of the City under section 2.b.(1) above. The term"costs," as
used in this section 3, shall include without limitation all equipment, labor,and material
costs including all overhead costs associated with hydrauger cleaning as set forth in
Appendix A. City shall reimburse county for hydrauger cleaning costs approved as
described in section 2.b.(1) above within 45 days of receipt of the quarterly invoice.
4. Indemnification.
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466897
a. City shall defend, indemnify, save and hold county and its officers and
employees harmless from any and all claims, costs and liability for any damages,
sickness, death,or injury to person(s)or property, including without limitation
consequential damages and damages arising from earth movement, from any cause
whatsoever arising directly or indirectly from or connected with the operations or
services of county or its agents, servants, employees or subcontractors under this
contract, except for claims arising through the sole negligence or sole willful misconduct
of county or its officers or employees.
b. Neither county nor any officer or employee of county shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be done by
city or in connection with any work delegated to city under this agreement.
C. Nothing in this agreement is intended or shall be construed to affect the
legal liability of either party to third parties by imposing any standard of care greater than
that imposed by law.
d. At all times during the term of this agreement,county and its contractor
shall be independent contractors and shall not be employees of city. City shall have the
right to control county and/or its contractors only insofar as the results of their services
rendered pursuant to this agreement; however,city shall not have the right to control the
means by which county and its contractors accomplish services rendered pursuant to this
agreement.
5. Responsibility for hydrauger operations. Before, during and after hydrauger
cleaning work is completed by county, the city shall continue to accept total
responsibility for use, operation,and maintenance of city hydraugers, and city shall
defend, indemnify, save, and hold harmless county, its governing body, officers and
employees, against all claims, suits, actions, or liability that arise relating to the use,
operation, or maintenance of city hydraugers before, during and after county completes
hydrauger cleaning,except for claims, suits, actions or liability arising through the sole
negligence or sole willful misconduct of county or its officers or employees.
6. Agreement modification. This agreement shall be subject to modification only
with the written consent of the legislative bodies of both parties. Neither party shall
unreasonably withhold its consent to modification for the implementation and
accomplishment of the overall purpose for which this agreement is made.
7. Term of agreement. This agreement shall be for a term of one year. Before the
end of that term,this agreement may be terminated without cause by the county or city
upon 30-day advance written notice to the other,or it may be terminated immediately by
the mutual written consent of the governing bodies of both parties. Notwithstanding
termination of this agreement, the obligations contained in sections 3 and 5 above shall
survive termination of the agreement.
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466897
8. Notices. All notices(including requests, demands, approvals or other
communications)under this agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) when delivered by first class mail,postage prepaid,notice shall be
deemed delivered three(3)business days after deposit in the United States
mail.
(2) when mailed by certified snail with return receipt requested,notice
is effective on receipt if delivery is confirmed by a return receipt.
(3) when delivered by overnight delivery by a nationally recognized
overnight courier,notice shall be deemed delivered one(1)business day
after deposit with that courier.
(4) when personally delivered to the recipient,notice skull be deemed
delivered on the date personally delivered.
b. The place for delivery of all notices given under this agreement shall be as
follows:
Contra.Costa County Public Works Department
Attn: Maurice Shiu, Director
255 Glacier Drive
Martinez, CA 94553
City of Qrinda Public Works Department
Attn: Mark Lowery,Director
P.Q. Box 2000
Qrinda, CA 94563
Or to such other addresses as county and city may respectively designate by written
notice to the other.
9. Assignment. The rights, duties, and responsibilities under this contract may not
be assigned by either party.
10. Litigation.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in
the courts of Contra Costa County, State of California.
3
466897
C. If either party brings an action to enforce this agreement, the prevailing
party is entitled to reasonable attorneys' fees and costs,including but not limited to expert
witness fees and discovery costs.
11. Entire arreetnent. This agreement contains the entire understanding of the
parties relating to the subject matter of this agreement. Any representation or promise of
the parties relating to hydrauger cleaning shall not be enforceable unless it is contained in
this agreement or in a subsequent written modification of this agreement executed by the
legislative bodies of both parties.
Contra Costa County
By: O'I AAt
VVIUK --wob.,
Chairman, Board of Supervisors
Attest:
John Sweeten,Clerk Of The Board Of Supervisors and.County Administrator
By:
puty
Recommend for approGal:
Maurice M. Shiu
Public Works Director
2 '
By:
Form approved:
Silvano B. Marchesi
County Counsel
By:
Deputy
City Of Orinda
By :
William A. indsay,City Manager
Recommend For Approval:
4
466897
City Engineer
iarkwety
--
By:
Form Approved:
By:
Linda C. Roodhouse, City Attorney
5
466897
AyRendix A
County Scope Of Services
To
Clean Orinda Hydraugers
1. There are approximately 110 hydraugers in the city of Orinda.
2. Assuming that the average length of each hydrauger is 120 feet,the estimated
average cost to clean each hydrauger is $120. This cost includes inspection, cleaning,
annually documenting and logging the length, flaw rates, and condition of each
hydrauger serviced.
3. Each hydrauger will be cleaned annually.
4. The equipment used to clean the hydraugers includes a 33,000-pound GMC
flusher truck outfitted with both one-inch and half-inch 2,000 psi cleaning hoses. This
truck is equipped with a tank that holds 1,000 gallons of water. County will also be using
a four-wheel drive utility truck to carry construction signs,materials, and tools to the job
site. This truck is equipped with metal rods and bits capable of removing roots and
foreign debris from the hydraugers.
5. The estimate is based on the expectation of reasonable access to the hydraugers
and does not include the cost of grading or repairing access roads or repairing or re-
drilling hydraugers that have collapsed or have broken apart in the hillside.
6. Billing will be done quarterly and will include the actual costs of a two man crew
along with the above noted equipment.
7. Any re-drilling, installation or repairs of hydraugers and manifolds will be a city
responsibility and contracted separately by city. County will make recommendations to
city. City will make final determination of repairs and installations.
6
466897
03
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 16, 2003
SUBJECT: Construction of sidewalks and roadway improvements along Camino Tassajara,
San Ramon area. Project No.: 0662-684060.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to reimburse Shapell
Industries of Northern California in an amount not to exceed $150,000 for construction of
sidewalks and roadway improvements along Camino Tassajara, San Ramon area. Project No.:
0662-684060.
Continued on Attachment: X SIGNATURE:
-JeRECOMMENDATION OF OUNT"Y ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):r
ACTION OF BETA ON DECEMBER 16/03 APPROVED AS RECOMMENDED xx OTHER
r
I hereby certify that this is a true and correct copy of an
VOTE OF SUPERVISORS action taken and entered on the minutes of the Board
Xx UNANIMOUS{ABSENT NONE ) of Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
WL:ie ATTESTED: DECEMBER 16, 2003
G'�GrpDatalTrnsEng\2003\80-TE\80 Camino Tass Sidewalks Payment Shapell.doc JOHN SWEETEN, Clerk of the Board of Supervisors
orig.Div: Public Works(TE) and County Administrator
Contact: W.Lai(313-2048)
C. J.Bueren,Deputy PWD
PW Accounting
Steve Savage,Shapeii industries of Northern California By , Deputy
P.O.Box 361169,Milpitas,CA 95035
C „
SUBJECT: Construction of sidewalks and roadway improvements along Camino Tassajara,
San Ramon area. Project No.: 0662-684060.
DATE: December 16, 2003
PACE: 2
tl. Financial Impact:
There will be no impact to the General Fund. The project cost is estimated to be$150,000,to be
funded with the South County Area of Benefit traffic fees.
M. Reasons for Recommendations and Background:
In an effort to provide safe pedestrian access along Camino Tassajara, Shapell Industries of
Northern California (Shapell) and the County Public Works Department identified a sidewalk
safety improvement project from Blackhawk Drive to Tassajara Hills Elementary School.
To expedite the installation of the sidewalk improvements prior to the 2003 school year and
minimize construction costs, the Public Works Department and Shapell have agreed to combine
and coordinate their resources. Shapell will be responsible for the design and construction of all
the necessary improvements. The County will contribute an amount not to exceed $150,000
based upon the actual construction costs.
IV. Consequences of Negative Action:
Failure to approve will ultimately delay the completion of the sidewalk improvements.
Contra Public Works Department Maurice M.Shiu
Public Works Director
Costa 255 Glacier Drive R.Mach Avalon
County Martinez,CA 94553--4825 Deputy Director
Telephone: (925)313-2000 Julia R.Bueren
FAX: (925)313-2333 Deputy Director
Web site:www.co.contra-costa.ca.us/depart/pNv
July �� Patricia R.McNamee
Y RECEIVED Deputy Director
Steve Swage
Regional Site Development Manager JUL 0 2003
Shapell Industries of Northern California
P.Q. Box 361169 LAND DEP.
100 forth Milpitas Blvd.
Milpitas, CA 95035
RE: Tassajara Hills Elementary School Sidewalk Safety Plan
Project No.:0662Rw4060
Dear Mr. Savage:
This is a fallow up to your conversations with the Public Works Department regarding the
construction of sidewalks along Camino Tassajara from Blackhawk Dave to Tassajara Hills'
Elementary School. As discussed, Shapell will be responsible for the design and
construction of the sidewalks, and associated landscape improvements along westbound
Camino Tassajara per the Tassajara Hills Elementary School Sidewalk Safety Plan. The
County will then contribute $100,000 towards the cost for constructing the improvements
and issue a no fee,encroachment permit to Shapell. In addition to the $100,000, the
County will reimburse Shapell for the costs to repair existing curb, gutter, sidewalk, and,
drainage'inlets,as well as the associated patch paving, estimated at$25,000. The County
will disburse $50,000 to Shapell at encroachment permit issuance'with the remaining
$50,000 to be disbursed upon completion and acceptance of the Improvements. The
reimbursement for the sidewalk repair work will be made when the repairs are completed
and an invoice describing the appropriate items of work is submitted to the Public Works
Department. It is also our understanding that the proposed landscape improvements
(trees, irrigation, planter boxes) will be maintained by the Blackhawk Homeowners
Association.
If this meets your,approval, please countersign and return this letter. Should you have any
questions, please give me e call at (925) 313-2225.
Very truly yours,
Stepp owalewski
Assistant Public Works Director
Accepted �f d
Transportation Engineering
Steve avage
Regional Site Development Manager
Shapell Industries of Northern California
StC:wt:ie
G:\Grpbata\TransEnMWLVO03\CarrespondencelShapei!Carrs lass Ssdawatks.dnc
cc: W.Lai,TE
C.Raynolds,Accounting
IIII III III I III II IIl I IIII I VIII Il III I IIII I III III II
CONTRA COSTA Co Recorder Office c
4
STEPHEN L. WEIR Clerk-Recorder
Recorded at the request of:
DOC— 2003-0006041-00
Contra Costa County Wednesday, DEC 17, 2003 08:08:24
Board of Supervisors FRE $0.00
Return to: Tt l Pd $0,00 Nbr-000190735'
Public Works Department
Engineering Services Division 1 r e/RS r+1-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
.RESOLUTION NO. 2003/ 780
SUBJECT: Accepting completion of improvements for Main Branch Alamo Creek
Improvements, DA 0016, San Ramon(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements in DA 0016 have
been completed as provided in the Drainage Improvement Agreement with Shapell Industries of
Northern California, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map. Improvements generally consist of creek stabilization improvements to the Main
Branch of Alamo Creek between Bollinger Canyon Bridge and Japonica Bridge.
TR:rm
G:\GrpData\EngSvc\BO\2003\12-16-03\DA 0016 B045.doc
Originator: Public Works(Es) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363)
Recording to be completed try COB action taken and entered on the minutes of the Board of
cc: Public Works Tax I.D.95-2578030,Accounting Supervisors on the date Shown.
-T.Bell,Construction Div.
M.Valdez,M&T Lab DECEMBER 16 2003
-H.Finch,Maintenance Div. ATTESTED.
I.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Board of Supervisors and
-
J.Gray,Engineering Services � 1�
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSA,.—Cartog
Shaped Industries of Northern California
S.Worden&S.Savage j
P.O.Box 361169, 100 N.Milpitas Blvd. By , Deputy
Milpitas,CA 95035
National Fire Insurance Company of Hartford
P.Stocks
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
City of San Ramon,Chris Low
5000 Crow Canyon Road
San Ramon,CA 94583
RESOLUTION NO.2003/ 780
SUBJECT: Accepting completion of improvements for Main Branch Alamo Creek
Improvements, DA 0016, San Ramon(Dougherty Valley) area. (District III)
DATE: December 16, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 16,2003 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement. j
DATE OF AGREEMENT NAME OF BANK/SlURETY
April 1, 2003 National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$820,650.00,
Bond No. 929270198 issued by the above surety be RETAINED for the six month lien guarantee
period until June 16, 2004, 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 the performance surety,Bond No.929270198,issued by the
above surety and the drainage improvement agreement for DA 0016 are exonerated.
BE IT FURTHER RESOLVED that the improvements are ACCEPTER as COMPLETE.
Shapell Industries of Northern California will maintain these improvements for approximately 5-10
years in accordance with the Gale Ranch Mitigation and Monitoring Plan.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the $16,400.00 cash security for performance
(Auditor's Deposit Permit No. 392675,($8,200.00),dated September 10,2002 and Deposit Permit
No. 401427, ($8,200.00),dated March 5,2003)plus interest in accordance with Government Code
Section 53079, if appropriate, to Shapell Industries of Northern California pursuant to the
requirements of the Ordinance Code.
RESOLUTION NO, 2003/780
CONTRA COSTA Co Recorder Office .
STEPHEN L, UEIR Clerk-Recorder
04C— 200 —0606 e' �-0�
Recorded at the request of: WaC�l1lSC�a
Contra Costa County y, DEC 17, 2003 08:58:33
Board of Supervisors FRE $0.00 f
Return to: Tt l Pd $0,00 Nor-��51 ��J�y
Public Works Department
Engineering Services Division 1 r C f R S/1—2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 16, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 7 81
SUBJECT: Accepting completion of improvements Bollinger Canyon Road(Interim),RA 1108
(cross-reference Subdivision 7976), San Ramon(Dougherty Valley) area. (District
III)
The Public Works Director has notified this Board that the improvements for Bollinger
Canyon Road in RA 1108 have been completed as provided in the Road Improvement Agreement
with Windemere BLC Land Company, L.L.C., heretofore approved by this Board.
NOW THEREFORE BE IT RESOLVED that the aforementioned'improvements are
ACCEPTED as COMPLETE.
LT:rm
G:\GrpData\EngSvc\BO\2003\12-16-03aA 1108 BO-45.doc
Originator: Public Works(Es) I hereby certify that this is a true and correct copy of an
Conordsng to be completed by COB Teri Itie{313-2363)
Recording
action taken and entered on the minutes of the Board of
Recordi
cc: Public Works -Tax I.D.94-329-15-16,Accounting Supervisors on the date shown.
-T.Bell,Construction Div.
-M.Valdez,M&TLab DECEMBER 16 2003
-H.Finch,Maintenance Div. ATTESTED:
1.Bergeron,Mapping Div.
Sheriff-Patrol Div.CommanderJOHN SWEETEN, Clerk of the Board of Supervisors and
CHP,coo Al County Administrator
CSAA—Cartog
Windemere BLC Land Company,LLC
Brian Olin
3130 Crow Canyon Place,#310
San Ramon,CA 945$3 By-- do
Deputy
The American Insurance Company
Patricia Brebner
5 Peters Canyon
Irvine,CA 92606
RESOLUTION NO.2003/ 781
......... ......... ......... ......... ......... ......... ........ . _.
. ....... .......................... ..........__........_._._..._...... ........... . ......... ......... ......... ......... .........
SUBJECT: Accepting completion of improvements Bollinger Canyon Road(Interim),RA 1108
(cross-reference Subdivision 7976), San Ramon(Dougherty Valley) area. (District
III)
DATE: December 16,2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 16,2003 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 BAN WSURETY
January 15, 2002 The American Insurance Company
BE IT.FURTHER RESOLVED the payment(labor and materials) surety for$533,000.00,
Bond No. 111 3359 9347 issued by the above surety be RETAINED for the six month lien
guarantee period until June 16, 2004, 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 interim improvements have been COMPLETED
and are NOT ACCEPTED NUR DECLARED to be County roads, at this time. The interim
improvements are being maintained by Shapell Industries of Northern California.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the $11,000.00 cash security for performance
(Auditor's Deposit Permit No. 379205,dated December 24,2001)plus interest in accordance with
Government Code Section 53079, if appropriate, to Windemere BLC Land Company, L.L.C.
pursuant to the requirements of the Ordinance Code.
BE IT FURTHER RESOLVED that there is no warranty period required and the surety
(performance)bond,bond number 111 3359 9347,and subdivision agreement are EXONERATED.
RESOLUTION NO. 2003/781