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HomeMy WebLinkAboutMINUTES - 01112005 - C.6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 11, 2005 SUBJECT: Accepting Completion oflprovements and Road Improvement Agreement for RA 01-01122. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS}: ADOPT Resolution No. 20051 55 for RA 01-01122 (cross-reference Subdivision 95-07984), accepting completion of improvements and Road Improvement Agreement for project 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 developer, Shapell Industries of Northern California, has completed the road improvements per the Road Improvement, Board Resolution No. 2002/562, and in accordance with the Title 9 of the County Ordinance Code requirements. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the 365-day warranty period will not begin. Continued on Attachment:_ SIGNATURE-----L—:'--�- &f,.. `RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE '-APPROVE :�,OTHER SIGNATURES : s '' ✓� ACTION OF BOA"ON JANUARY 11 2005 APPROVED AS RECOMMENDED N_OTHER 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 on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT_NOLV AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 11, 2005 :Y JOHN SWEETEN, Clerk of the Board of G:\CipData\EngSvc\30\2005\01-1 I\RA.01-0112:2 Order.doc w�+ �-+ 'hig.Div: Public Works(BS) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works -Accounting -T.Bell,Construction Maintenance(WIPW) CSAA-Canog -T-July 11,2005 By Deputy CHP,c/o Al Sheriff-Patrol Div.Commander City of San Raman,Attn:C.Low and J.White Shapell Industries of Northern California Attn:Sam Worker&Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 55035 National Fire Insurance Company of Hanford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 1111111II11I111111111111II1I1111111I11111I1111I11 Recorded at the request of: CONTRA COSTA Cc Recorder Office Contra Costa rksDeCounty (, Clerk-Recorder� 3 'i�� Public Works Department Engineering Services Division Return to: Wednesday, JAN 12, 2003 09:32:47 Public Works Department FRE $0.00 Engineering Services Division TL 1 Pd $0,00 Nbr-0002513994 1 rc/RS/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 11, 2005 by the following vote: AYES: aMMMS MIA, PIES, as R,. MWLUR ACED MMA NOES: NONE ABSENT: &�NE ABSTAIN: NONE RESOLUTION NO. 2005/ 35 SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 01- 01122(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area. (District III) The Public Works Director having notified this Board that the improvements for RA 01- 01122 (cross-reference Subdivision 95-07984) have been completed as provided in the Road Improvement Agreement with Shapell Industries of Northern California heretofore approved by this Board; DATE OF AGREEMENT SURETY September 9, 2002 National Fire Insurance Company of Hartford G:\GroData\EngSvc\BO\2005\0I-11\RA 01-01122 BO-42.doe JY:rm Originator: Public Works(ES) Contact: Teri Ric(313-2363) 1 hereby certify that this is a true and correct copy of an Recording to be completed by COB CC: Public Works -Accounting action taken and entered on the minutes of the Board of -T.Bell,Construction Supervisors on the date shown. -Maintenance(w/Plat) -T—July 11,2005 CSAA-Cartog CFP,coo Al Shriff ATTESTED: JANUARY 11, 2005 She -Patrol Div.Commander City of sad Ramon,Atte: e Low and J.White Shapell Industries of Northam California JOHN SWEETEN' Clerk of the Board of Supervisors Attn:Sam Worken&Steve Savage and County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford By , Deputy 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLU'T'ION NO.2005/ 35 SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 01- 01122(cross-reference Subdivision 95-07984),San Ramon(Dougherty Valley)area. (District III) DATE: January 11, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 11, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,881,750.00, Bond No. 929247985 issued by National Fire Insurance Company of Hartford be RETAINED for the six month lien guarantee period until July 11, 2005, 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 Bollinger Canyon Road,the hereinafter Described road as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 29,2002, in Book 448 of Maps at Page 29, Official Record of Contra Costa County, State of California, is ACCEPTED as COMPLETE. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road—R/W Width Length(miles) Bollinger Canyon Road varies 46'-77'/varies 203'-219' 1.89 mi. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$77,600.00 cash deposit(Auditor's Deposit Permit No.391840 dated August 22, 2002)made by Shapell Industries ofNorthern California and the performance/maintenance surety for $1,152,885.00,Bond Rider No. 929247985 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2005/35 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(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 Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal 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 By-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 Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. ' zr Continental Casualty Company �. National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania u SEAL � JiMY 71, ffimquz Michael Gengler Sen' Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me duly swam,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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. OFFICIAL SEAL ELIZA PRICE • NOTARY PM=,STATE OF ILLINOIS MY 0 MUM S"wry=:fth?Mi My Commission Expires September 17,2406 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,-Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 4th day of .7arttm 2005 .01 CA"S y{r, 0i a+lvau► Continental Casualty Company F National Fire Insurance Company of Hartford orF . ° ra American Casualty Company of Reading,Pennsylvania U SEAL � ItJi t. , Form F6853-11!2001 Mary A. ika kis Assistant Secretary Authorizing By-Laves 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 duly 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 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 thererto. The Chairman of the Board of Directors,the President or any Executive,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 called and held on the 17u`day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group 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 seal 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 duly 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 tike 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-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 17`h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal 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 seal 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 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 Attomey4n-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 called and hell on the 17'h 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." Executed In Triplicate V;��r / � SUB 7984,Gale Ranch ll, RA-1122, Bollinger Canyon INCREASE 4 DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 247 985 issued by the National Fire Insurance Company of Hartford as Surety,on behalf of Shapell Industries of Northern California,a Division of Shaped Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 14th day of August 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the — 4th day of January 1 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby "DECREASED" — from the sum of Seven Million Six Hundred Eighty Five Thousand Nine Hundred and Noll 00** Dollars($7,685,900-00" —),to the SUM of One Million One Hundred Fifty Two Thousand Eight Hundred Eighty Five and No/1000ollars ($ 1,152,$$5.00** ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Seven Million Six Hundred Eighty Five Thousand Nine Hundred and No/100** Dollars($ 7,6$5,900.00*' ), or for any loss occurring subsequent to said date shall not exceed the sum of One Million One Hundred Fifty Two Thousand Eight Hundred Eighty Five and No/100** Dollars($ 1,152,885.00** }. In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 4th day of January.2.005. Accepted By: Shapell Industries of Northern California, a Division County of Contra Costa of Shaped Industries, Inc. Pri of al) By By ✓�""",,-.""'� (Seal) Robe Moore , Asst. V.P. By _ (Seal) Ke Cox , Asst. Secretary Nations Fire Insurance Company of Hartford Form F4763 urety) e ..4:il- (Seal) Pamela L. Stocks Attorney-in-Fact State of California County of Los Angeles On January before me.4,2005 Sandy Hanner-Notary Public , Oam 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(s)whose name(*) islws subscribed to the within instrument and acknowledged to me that bre/she/tit executed the same in NalherlftW authorized capacity(iae), and that by kwherltta* signature(%) on the instrument the person(S), or the entity Won behalf of which the person(s) acted, executed the instrument. ---- + and , WITNESS y hand at seat. SANDY MANNER Commission#1362157 +� Notary Public-California i Los AngeWs County s SIGNATURE OF NOTARY My Comm.Expires Jul 2,2006 O 'TtOIdAI. 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 (-x-) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) {..�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _National Fire Ina it n .a Com=y of Hartford SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 5, 2005,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. JMCE T KRUSE WITNESS my hand and official seal. _ commission# 1318647 Notary Pukriic-Catitornia r. Santa Clara Canty =_- MVC=-EXPWNAup2A,2W6 Signature of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider-Tract 7984,RA-1122, Bollinaer Canyon Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries,Inc.