HomeMy WebLinkAboutMINUTES - 11012005 - C6 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: November 1, 2005
SUBJECT: Approving the RoadImprovement Agreement for Diablo View Road,DP 88-03007,being developed
by The Stratford at Lafayette, LLC, Lafayette area. District 11
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 20051 71 for DP 88-03007,approving the Road Improvement Agreement for Diablo
View Road, for project being developed by The Stratford at Lafayette, LLC, Lafayette area. (District 11)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
DP 88-03007 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved and applicable security for completion, payment, and
warranties will not be in place.
Continued.onAttachment:✓'`� SIGNATURE: ''
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD`COMMITTEE
::APPROVE OTHER
SIGNAT RES
ACTION OF BOA ON C- da ' APPROVED AS RECOMMENDED 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
VOT F SUPERVISORS date shown.
UNANIMOUS(ABSENT _)
AYES: NOES:
ABSENT: ABSTAIN: ,�''
ATTESTED:/ 4'+/e'
JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) Supervisors and County Administrator
Mon
G:\GrpDaWEngSvc\B0\2005\l1-011DP 88-03007 B0-I5.doc
cc: Public Works-T.Bell,Construction
Current Planning,Conmzunity Development
T—September 1,2006BDeputy
The Stratford at Lafayette,LLC y '— s
1475 North Broadway,Suite 430
Walnut Creek,CA 94596
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 1, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/ 77/f
SUBJECT: Approving the Road Improvement Agreement for Diablo View Road,DP 88-03007,
being developed by The Stratford at Lafayette, LLC, Lafayette area. (District II)
The following document was presented for Board approval for Diablo View Road, road
acceptance file DP 88-03007,property locatedin the Lafayette area, Supervisorial District II.
A Road Improvement Agreement with The Stratford at Lafayette,LLC,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 pavement
widening, asphalt berms, and appurtenant safety and drainage improvements..
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: Public Works(ES) on the date shown.
Contact: S.Gospodchikov(313-2316)
LG:rm
G:\GrpData\Engsvc\BO\2005\11-01\DP 88-03007 B0-15.doo ATTESTED:
ca Public Works-T.Bell,Construction
Current Planning,c°'mrtunityne°eloptnent JOHN SWEETEN, Clerk of the Board of Supervisors and
T—September 1,2006
The Stratford at Lafayette,LLC County Administrator
1475 North Broadway,'Suite 430
Walnut Creek,CA 94596 ,$
By /`- ,Deputy
RESOLUTION NO.2005/ ��
X
SUBJECT: Approving the Read.Improvement Agreement for Diablo View Road,DP 88-03007,
being developed by The Stratford at Lafayette, LLC,Lafayette area. (District 11)
DATE: November 1, 2005
PAGE: 2
1. Cash Bond
Performance Amount: $1,583.00
Auditor's Deposit Permit No. DP 451385 Date: September 19, 2005
Submitted by: The Stratford at Lafayette,LLC
Taxpayer identification number: 26-0037411
II. Cash Bond
Performance Amount: $156,717.00
Labor&Materials Amount: $79,1,50.00
Auditor's Deposit Permit No. DP 451385 Date: September 19, 2005
Submitted by: The Stratford at Lafayette, LLC
Taxpayer identification number: 26-0037411
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
Developer: Effective Trate:
Development., Completion:period: *I year#
P
Road: 1� Ah"
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO'
CONTRA.Ot4T
Maurice M.Shiu,Public Works Director
By: '' tais ) Ir
tvt+ntnant
EAL
By:
gi Services�Mivision (pint name&title)
E=AMOM Victor J.West an,County Counsel
(NOTE: All'signaausa to bo ackaowladgstl. If Subdivides°is incpsparated,aisrratwas muse
confomt with the designated reprv=tetivc gaups Pursuant to C aratwns{wade 5313.)
1. BAR=&DA I`E.Effective on the above date,the County of Contra Costa,California,hereinafter called"County;"and the above-mentioned
j r
mutually promise and agree as follows concerning this developments
2. 1 .`,.Developer agrees to install certain mad improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping,and such otter improvements(including appurtenant equipment)as required in the improvement plans for this development as
reviewed and on file with the Contra Costa County PublicWorks 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, r Pf lt4"VE1 ltitT* C t11T Y. Upon executing this Agreement;the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. Fqr Egrfo ge and Guarantee: $ 1<91VO cash,plus additional security,in the,amount of S 156,710,00
which together total one hundred percent(1000/a)of die estimated cost of the work. Such additional security is presented in the form of:
X_Cash,certified check or cashiers chock.
Acceptable'corporate surety frond.
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.
8: F'Slt PIXM : Security in the amount of 5 "19 j which is fifty percent(Sfto)of the estimated cost of the work.
Such security is presented in the form of:
Cash,oertified check,or cashier`s check
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.'Upon acceptance of the weak as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and S94-4A08 of the Ordinance Code.
4. 01AR&INM AND W RRAM OF Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,
"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. gLANI LMBLISHb=WORK Developer agrees to perfom establishment work for landscaping installed under this agreement. Said plant
establishinent work shall consist ofadequately watering plants,replacing unsuitable pleats,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 ofone-year
from and atter the Board of Supervisors accepts the work as complete.
6. IlMYra 7 .,M , Developer warrants the improvement plans for the work are adequate to accomplish the work as promised
in Section 2 and as required by tate Conditions of Approval for the development. If,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. MO WAIVI?R,Bl' Inspection of theworkand/or materials,or approval of work and/or materials or statement by any officer,'agent or
employee of the{aunty 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 andtor 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 complywith any of the terms and
conditions hereof.
8. INIYNNITY: Developer shall hold harmless mless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnifies benefitted and protected by this promise are;the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees.
B. The 1iabili1a protected against are any liability or claim for damage of airy 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 whother
or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement pians or accepted'the work as complete,and
including the defense of any suits},action(s),or other proeeeding(s)concerning said liabilities and claims.
C. The actioms'ca ling habD&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&gpdi#ions: T'lte promise and agreement in this section arc not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these
matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. '>
9. CUSPS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. N2-=QLb1A=AM MTS:IfDeveloper 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. 21=0RATIMAMMAIM. If,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, ONSIMMILON. In consideration hereof-
(Check applicable sections})
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,atter the improvements are complete.
Other(requires County Counsel approval
t3:K3rpbaWHU8SvclF0aftMG WORMAG-24,doa
Rev.April b,2{00'
State of California
County of Contra Casts
On September 15, 2005 before me the undersigned, a Notary Public in and for said
State, personally appeared Clarence A. Becker, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand nd official seal. ` " DONNA M. JONES
Comm.#13354$1
Signature NOTARY PUBLIC-CAUFORMA YMf
Contra Costa County
my,Comm.Expires Jan.15,200
Name donna M. ]ones
(typed or printed) (Seal)
DJ/di'
6.VtA41 T Lfi bV1Y 1 KA t.VS 1A`
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
� t .
MARTINEZ,CALIFORNIA
TO THE,TREASURER:
RECENED FROM ff
ORGANIZATION NUMBERk
t,
(Par Cash Collection Procedures we C unty Administrator's Bulletin 105.
DESCRIPTION #UNDO. ACCTTASK OPTION ACTMTY AA40UNT
I
I
't ;1 (4,17.
c C.
I I I I—Jil I lilt [ I I I I
N 56,-A /uqt---L, �LA ILUe 1/ '7, 1 1 Ll
a r �
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I
PLANATION: /f TOTAL $ I .
DEPOSIT �� I .
Deposit consists of the following items
k COIN and CURRENCY $ I
CHECKS,MA:,ETC
SAW DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DF`
NUMBER
DATE
ASSIGNED 4 51t:4 I=�rr i.:
The:amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
osit int the County Tr astray acknowledged.
Tir f EXT. C.� Deputy County Auditor Deputy Cotrnty Treasurer
D-34 REV.(7-93)
%..t-WrN41 T VC LVNIKA(-VbIA
DEPOSIT PERMIT
OFFICE OF COUNTY-AUDITOR-CONTROLLER
MARTINE7,CALIFORNIA
TO THE TREASURER:
RECEWEI)IF ROM
ORGANIZATION NUMBER-1,-L)
(For Cash Collection Procedures see County Administrator's Bulletin 105)
DESCRIPTION FUND/ORGL ACI
TASK OPTION ACTPATY AMOUNT
CT.
I.
$
..........
?
-T-
111fill It fit 1111111
j
L t I I I
I # I I I f I I I I I I I I I I I I I I
EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS.MO.ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of morW described above is for Treasurer's receipt of above amount is approved. Receipt of aboveamunnt is hereby
deposit into the County Treasury. acknowledged
Date
�j
EXT
Deputy County Auclitor fid. Deputyy County Treasurer
D-34 REV.(7-93)
819800-0800: 61189864, $1,000.00, DG 04-00034, Cash Bond, Shapell
Homes, A ;Division of Shapell 'Industries, Inc.,100 'North Milpitas Blvd.,
Milpitas, CA 95035
819800-0800: G1189881, $237,450.00, DP 88-3407, Cash Bond, The
Stratfordat Lafayette, LLC, 1475 'North Broadway, Suite 430, Walnut
Creek, CA 94596
0649-9665 / 112300: G1189865, $2,800.00, DG 04-00034, Drainage
Inspection Fee, Shapell Homes, A Division of Shapell Industries, Inc.,100
0649-9665 / 112300: 61189866, $1:400.00, Flood Control Permit 623-95,
Cash Deposit, TRC Solutions, 1590 Solano Way, Suite A, Concord, CA 94520
0649-9665 / 112300: G1189867, $53,096.22, Sub 8900, Landscape
Improvement Pian Review, Shea Homes, 2580 Shea Center Dr., Livermore,
CA 94550
0649-9665 / 112340: G1189868, $6,000.00, MS 81-0063, Inspection
Deposit, Williamson "Ranches, Larry R. Williamson, 3503 Shangri-La Rd'.,
Lafayette, CA 94549
0649-9665 / 112300: 61189880, LP 05-2001, Del Valle Produce, Inc., 3275
Willow Pass Rd., Bay Point, CA 94565
U-551. , Plan Review
$500.00, COA Compliance
0649-9665 / 112300: 61189882, $10,623.50, DP88-3007, Inspection
Deposit, The Stratford at Lafayette, LLC, 1475 North Broadway, Suite 430,
Walnut Creek, CA 94596
0649..-9665 / 112300: G1189879, $250.00, SD 98-08163, Inspection, Taylor
Woodrow Homes, Inc., 15 Cushing, Irvine, CA 92'618-4200