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HomeMy WebLinkAboutMINUTES - 10052004 - C6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 5, 2004 SUBJECT: A royal of the Road Improvement A Bement for Dou herr Road, RA 04-01157. SPECIFIC REQUEST(S)OR RECGMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOI'V MENDATIONN: ADOPT Resolution No. 2004/ for Dougherty Road,RA 04-01157, Subdivision 99-08306, approval of the road improvement agreement,being developed by Shapell Industries of Northern California,San Ramon(Dougherty Valley) area. (District III) FISCAL. IMPACT: None BACKGROUND/REASON(S) FOR.RECOMMENDATION(S): The existing bridge structure needs replacement due to its dilapidated condition which in turn will compromise public safety. CONSEQUENCES OF NEGATIVE ACTION: The final map will not be approved and public safety will be compromised. 4�4Continued on Attachment: SIGNATURE* ✓' _ FCOMMENDATION OF COUNTY ADMINISTRATOR RECOi4 MENDATION OF BOARD COMMITTEE = PROVE OTHER SIGNATURE(S); ACTION OF BOA ON _ Q=ER 05,_ 4_ APPROVED AS RECOMMENDED XX 94 ;it.-_ I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT y e,a; _. date shown. AYES; NOES; ABSENT: ABSTAIN: ATTESTED: OCTOBER fly, 2004 G:\GrpDaa\�Cng$vc1B01200Q110-p5-OQ\RP.04-07157 Ordor.dac JOHN SWEETEN, Clerk of the Board of Ju tn' Su ervisors and Count Administrator orifi.DIv: Public Works(ES) y Contact: Teri Ric(313-2363) cc: Public Works- T.Bell,Construction .� r Current Punning,Ccrunmt#ty Development � T-July 21,2005(P 1) Shapell Industries ofllort-hettm Califon#* . Deput North Milpitas Blvd. By 7! ' d w .+ ..'�'°'..�-,.'_r'i`"",r Y y Milpitas,GA 95035 Attn:S.Worden&S.Savage f�r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 5, 2004, by the following vote: AYES: ,SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 200413; r6 SUBJECT: Approval of Road Improvement Agreement for Dougherty Road, RA 04-01157, Subdivision 99--08306,being developed by Shapell Industries ofNorthern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Dougherty Road, road acceptance file RA 04-01157(Subdivision 99-08306)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal 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 replacement of the Old Dougherty Road Bridge with a new bridge. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:ator: i Rico Works 3) on the date shown. Contact: Teri Rie{313-2363} J'Y:rm c:\orpo Public Works-T.Bell,C m u c on 04-01 157 t�c�-:s.d4e ATTESTED: OC(OBER 05, 2004 cc: F"ublic Works-T.Belt,Cnnsauction cu.-r��ly21Fs 2005corr�tnityt�vetop,�rt JOHN SWEETEN Clerk of the Board of Supervisors and T-1u�yz1,Laos{Pi} Shaped Industries of Northern Califontia County Administrator 100 North Milpitas Blvd. Milpitas,CA 95035 Attrt:S.Worden&S.Savage By ,Deputy RESOLUTION NO.2004/ f SUBJECT: Approval of Road Improvement Agreement for Dougherty Road, RA 04-01157, Subdivision 99-08306,being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: October 5, 2004 PAGE: 2 I. Cash Bond Performance Amount: $8,400.00 Auditor's Deposit Permit No. DP 428265 Date: July 19, 2004 Submitted by: Shapell Industries Taxpayer identification number: 95-2578030 11. Surety Bond Bond Company: National Fire Insurance Company of Hartford Letter of Credit or Bond Number and Date: 929 299 753 July 13, 2004 Performance Amount: $827,900.00 Labor car.Materials Amount: $418,150.00 Principal: Shapell Industries of Northern California,a division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. COUNTY OF CONTRA COSTA DEPOSIT PERMIT v r OFFICE OF COUNTY AUDITOR-CONTROLLER TO Ti's TREASURER: MARTINEZ,CALIFORNIA {' OECEiVED FROM �c o r� { } ORGANIZATION NUMBER (For Cash Collection Procedures see Caursty Administnshar's Bulletin 105.) DESCRIPTION FUND/ORG A� TASK OPTION ACTIVITY AMOUNT $ ° l ( .... 41 -tI .N1? 11 tt ? t .-l F S I F i i 3 I F F i ExPLANATION: TOTAL , i t ..rf• DEPOSITi r i' Deposit consists of the following it+erns COIN and CURRENCY $ *�S,M.C1.ETC BANK DEPOSITS $ FOR AUWOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNEDL The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of obowe Amount is hereby deposit into the County Treasury. ocknaw SighesX? ✓ r'�. ' Date k i EX1 ' Deputy County Auaitor Deputy County ` Treasurer D-34 REV.(7-93) 0682-9752 / 61139701, $500.00 Parker Ave Underground, Karen Werth, 854 Elm Ave, Rodeo, CA 94572 0682-9752 / 61139704, $225.00 Parker Ave Underground, Noel Carvalho, 386 Parker Ave, Rodeo, CA 94572 0682-9752 / 61139705, $100.00 Parker Ave Underground, Randy Chow, Sarah S. Poeng, 379 Grenadine Way, Hercules, CA 94547 0649-9665 / 831000: 61139706, $ 3,000.00, FS 0400013, Sub 7681, Fee for Service, Discovery Builders, 4061 Port Chicago Hwy, Suite H, Concord, CA 94520 0649-9665 / 831000; 61139708, $ 500.00, RS 2922, Record of Survey Deposit, LCC Inc, 930 Estudillo St., Martinez, CA 94553 0649-9665 / 831000. G1139719, $ 1,500.00, FS 0400014, Sub 8416, Fee for Service, Sunset Crossing Brentwood, LLC, 1849 Clayton Rd, Concord, Ca 94520 0649-9665 / 831000: G1139722, RA 1157 Shapell Industries- 100 North Milpitas Blvd., Milpitas, CA 95035 $41 '100.00, Inspection Deposit $8.117.x, Plan Check' 819800-0800. ..:......:......:...:..:.:..:..........<:::::::<::>:::<:«>:......:::.::t:;:.:«;>:;.;,,..............,....,............. COUNT' IF CONTRA COSTA - GENE' %L RECEIPT - THIS COPY IS (+ t DEPT. f r c, aw'ter"lfl / a G 1 X 3 9 7 2 2 -PQ6@" NOT A RECEIPT t` � ar1 ,_ir''. 1� � 7 �` r €- F't•` '' ? �e DOLLARS$ FOR t 16, f CASH SAL. RECEIVED FROM CHECK ;i' AMT. PAID ' ! , ltr' �� MONEY BAL. ' X00 a»# v,', f r GIRDER DUE By: (057 REV.7189) _� Bond No.: 929 299 753 - Development: RA 1157-Bridg'e .Gale Ranch ill Premium: $6,209.00 IMPROVEMENT SECURITY BONI) FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee,and Payment) (California Government Code §§ 66499-66499.10) 1. RmTAI.OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Read Improvement Agreement) with the County to install and pay for street, drainage and other irnprovetrents on,or along RA-1157-Bridle _to complete said work within the time sl,:eifled for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. Shapell Industries of Northern California,a division of Shapell Industries, Inc., 2. OBLIGATION: a Delaware Corp. _ as Principal and National Fire insurance company of Hartford, a corporation organized under the laws of the State of CT and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra. Costa, California to pay as follows: Eight Hundred Twenty Seven Thousand Nine Hundred No/100**** A. Performance: �_..._.�_ � __._ .._.. .._._._� Dollars ($ 827,900~00**4 }for itself or any city assignee under the above County Road Improvement Agreement,plus B. payment: Four Hundred Eighteen Thousand One Hundred Fifty No1100**** Dollars ($_ 4181150.00** ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION- A. The Condition of this obligation as to Section (2.A.) above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perfonn the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part,to be kept and performed at the time and in the~Manner therein specified and.in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra.Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. - As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such: obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Conti-a Costa and all contractors,subcontractors,laborers,material men and other persons employed it the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under the Unemployment insurance Act with respect to such work or labs>r and that said undersigned surety will pay the same it an atnousat not exceeding the anowdnt berein above set forth and also,incase suit is brought upon this bond,will pay,in additio,-,to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgerzer t therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and ail persons,companies and corporations entitled to file claims under Title 15 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to a righit of action to thein or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation sl"all become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without farther notice to or consent by the Surety and the Surety hereby waives the provisions of California.Civil Code Section 281.9 and holds itselfbound without regard to and independently of any action against Principal whenever taken, 4. SIGNED AND SEALED: The undersigned executed this document on- July 13, 20-04 Shapell Industries of Northern California, a Division PRINCIPAL: of Shapell Industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 10 Milpitas Blvd. Address: 5820 Canoga Avenue,Suite 200 ',...� C'ty: Milpitas,CA 95035 City-,,,/Woo OIand Hills,CA­9140By: ' _ .. 1 X Print Name: Print Nage: Pamela L.Stocks Title: ;_ _ "I'ii:le: Attorney-n-Fact By: Print Na-inc: Title e _...... IISIV C�Csrpl>n�\C sg6vclranrslt3N WORU��3V-9.c�cc 2 vs�Ju75',7�r L�C^s Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment Of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Croup Vice President may,from time to time,appoint by written certificates attorneys-ir�fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Hoard of Directors,the President or any Executive,senior or Croup Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Croup Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which It is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law rimy adopted by the Board of Directors of the Company. "Article Vi•—Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings,and other obligatory Instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-€act.,, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th dray of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be vaild and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shell,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of Insurance, bonds,undertakings and other obligatory Instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly railed and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men Sy These Presents,That Continental Casualty Company,National fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.ball,Sandra V. Hanner,Individuals Of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the say-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2401. Continental Casualty Company 00wo xr ot= j Nat€onal Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL am Michael Gengler Croup Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois,that he is a Group Vice President of Continental Casualty Company,National Fire insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. i '(;IIMUd:EEAVDME ItAULKNER + 1�1r�l6�y1#7J0# • +fr+N►iN+�srs+►si+r►s��4*+s*�� My Commission Expires September 17,2044 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth Is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the re�rr�a�^rereof is stili in force.in testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this .s_S t t s day of J'ul y2 0 (5) Continental Casualty Company National Fire insuurance Company of Hartford American Casualty Company of Reading,Pennsylvania nx r, SEAL �# #ti#7 1i11R # Mary A.Ribikawskis Assistant Secretary (Rev. 1!23!41) State of California County of Los.Angeles -- --On July 13, 2004 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me –OR -- (_..,._) proved to me on the basis of satisfactory evidence to be the person(g) whose name(o is/A subscribed to the within instrument and acknowledged to me that Wsi she/kW executed the same in bdWher/*llc authorized capacityoesik, and that by XW her/1W signature(s) on the instrument the person(g), or the entity on behalf of which the person(O acted, executed the instrument. f ;r WITN my hand and al seal. 3 SANDY HANNEf2 �r ] a commission#1362357 ' s Notary Public-C-81111—isSICsN' RE OF NOTARY Ce Los Ange3Qs CouV'Sommnty 3y Comm.Expire4 Jul 2.�2f 0 OPTIONAL 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(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (_._} LIMITED (—} GENERAL NUMBER OF PAGES ( ) ATTORNEY-IN-FACT (� _} TRUSTEE(S) (�) GUARDIAN/CONSERVATOR (� } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER($) OTHER THAN NAMED ABOVE G-107426.8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonda and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer. Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DIECLOSURE.O FEDERAL PARTICI ATT N IN PAYMENT OE T .RORISM QSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 /V//,.r%\Nl�'./Mn./.'�`N\�/u'. i'✓W/W V/W\N4"W.N':"W/`.:�M/ /::"�-'//'✓\M:'M/\�:�//.''M//:VM/N'�W\MV*.1M/W W/\/ <� J SSS (C is CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California County of Santa Clara On July 21, 2004,before me,Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. ) S ?, WITNESS my hand and official seal. OPMOO OfWa AUXON w« 16"M t#uo"wwn:) cs 3srm 13�1Md1 s Signature of Notary Public Optional Information Title or Type of Document: Road Improvement Security Bond RAI 157-Bridges Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of s ShanellIndustries Inc. S z _: .v,v:vwti:,vw.����,vwv�,�:.wwv�:...,Nvn�::v.v^✓�n✓ ���✓,�✓���vwvvw,tiwv.�.tivwv�nM�.iw�vn�MNv,.n:v