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TO; BOARD OF SUPERVISORS, AS BOARD OF .:•-- { =_'� Contra
DIRECTORS OF SANITATION DISTRICT NO.5
.�:= Costae
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
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CountyDATE: October 3, 2006
SUBJECT: APPROVE the Agreement between Contra Costa County Sanitation District No. 5 and the Union
Pacific Railroad Company for the temporary use of an at-grade private road crossing on the
Contra Costa County Sanitation District No. 5,Port Costa Wastewater Treatment Facility
Upgrade Project,Port Costa area(Contra Costa County Sanitation District No. 5 Funds) (District
II) Project No. 4380-6X9E49
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee,to execute an agreement with Union
Pacific Railroad Company for the temporary use of an at-grade private road crossing for the Contra Costa
County Sanitation District# 5 Port Costa Wastewater Treatment Facility Upgrade Project, Port Costa area.
CONTINUED ON ATTACHMENT: El SIGNATURE i�14ll
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDMITTEE
APPROVE OTHER
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SIGNATURE(S): / /
ACTION OF BOA D N ,3 2a,')&/APPROVED AS RECOMMENDED OTF�ER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Mike Hollingsworth(313.2231)
MH:cr:kp
G:\Design\BOARD ORDERS\2006\BO 10-3-06 Port Costa Wastewater Plant.doc ATTESTED
Originator Public Works(Design) JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Public Works—Design
E.Kuevor—CAO
Auditor-Controller
Public Works-Special Districts BY: —�� ,DEPUTY
r
• SUBJECT: APPROVE the Agreement between Contra Costa County Sanitation District No. 5 and the
Union Pacific Railroad Company for the temporary use of an at-grade private road crossing
on the Contra Costa County Sanitation District No. 5,Port Costa Wastewater Treatment
Facility Upgrade Project,Port Costa area (Contra Costa County Sanitation District No. 5
Funds) (District II)Project No. 4380-6X9E49
DATE: October 3, 2006
PAGE: 2 of 2
FISCAL IMPACT:
Project will be funded 100% by Contra Costa County Sanitation District No. 5 funds.
REASONS FOR RECOMMENDATIONBACKGROUND:
The San Francisco Bay Region of the California Regional Water Quality Control Board issued a complaint against
the sanitation district for discharge violations and ordered the sanitation district to make the necessary corrections to
the plant's operations. Upgrading the facilities operations will require construction vehicle access across Union
Pacific Railroad Company tracks to the treatment facility. A permanent access agreement was never obtained for
vehicle access across the tracks. In order for both the County and the selected contractor to access the facility during
construction,an agreement between the sanitation district and Union Pacific Railroad Company must be obtained for
the temporary use of an at-grade private road crossing.
CONSEQUENCES OF NEGATIVE ACTION:
Non-concurrence of the above recommendation will delay execution of the work indefinitely,which could increase
project costs and the risk of discharges exceeding regulatory guidelines, and could jeopardize the transition of the
facilities to the Crocket Community Services District per the Local Area Formation Commission resolution.
0 a
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Subdivision 04-08774
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: December 7, 2004
1st Extension New Termination Date: December 7, 2008
Improvement Security
Quanta Indemnity Company, formerly
Surety: National Farmers Union Standard Insurance
Company
Bond No. (Date): 4410155 (October 27,2004)
Security Tyne Security Amount
Cash: $ 18,850.00 (1% cash, $1,000 Min.)
Bond Rider: $ 279,930.00 (Performance)
$942,500.00 (Labor&Material)
The Developer and the Stfrety.desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree t ereto and acknowledge same.
Dated: Dated:
June 12, 2006
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M. Shiu, Public Works Director
By: Printed
Developer's Signature(s)
RECOMMENDED FO R AL:
By: 4iv� Printed
(Engin ri g Services Division)
�uanVa Indemnity Company, formerly
National Farmers Union Standard
-Insurance Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.)
One Financial Plaza, 10th Floor
f01U1 APPROVED:Vkmr 1.0.'csmian.Cbnnry Counsel Address Hartford, CT 06103
After Auprowrl Return to Clerk of the Board , �+"-- '•'--'�
Atto`rn'eey in Facts igna ure
Jeri Apodaca _ •, _
Printed
0 0
Subdivision Extension Agreement
Subdivision 04-08774
Bond No. 4410155
WINDEMERE BLC LAND COMPANY, LLC, a California
limited liability company
By: LEN-OBS WINDEMERE, LLC., a Delaware limited
liability company, its Managing Member
By: LENNAR HOMES OF CALIFORNIA, INC., a California
corporation, its Managing Member
By: l/��-
Brian G. Olin,Vice-President
By: Lei✓t
Erik S. Brown,Asst. Secretary
A
0 0
CALUFORMOA ALL-PURPOSE ACKNOWL(EDGMEMY
State of California
County of
yYGIlN Esta ss.
On 06 before me, /GW/n y/ Ulgh� /l�r�'�/ /w 44
Date/__ ,, n� / Name and Title of Officer(e.g.,"Jane Doe, ary Public")
personally appeared � S.
U+OhJI'1 QAtgj1���7 C• Q�I.i''
Name(s)of Signer(s)
)l personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-ielare
subscribed to the within instrument and
acknowledged to me that-4@46be/they executed
the same in -hio+ r/their authorized
capacity(ies), and that by Waiiher/their
gun,Euew BISHOP signature(s) on the instrument the person(s), or
OW O 1670361 the entity upon behalf of which the persons)
® Poo1ory Public.CotitorNa acted, executed the instrument.
Conho Cosh County
My Comm.rPRby26.201 WITNE hand and official sgal.
6,1401
Signature of Notary Public JF
OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No,5907 Reorder:Call Toll-Free 1-800-876-6827
0 O
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
County of Orange CAPACITY CLAIMED BY SIGNER
On 6/12/06 before me, J.Barragan, Notary Public Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' In the data below,doing so may prove invaluable to
personally appeared Jeri Apodaca persons relying on the document.
NAME(S)OF SIGNER(S) ❑ INDIVIDUAL
personally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
me that he/she/they executed the same in ❑ PARTNER(S) ❑ LIMITED
J. BARRAGAN his/her/their authorized capacity(ies),and that by ❑ GENERAL
Commission# 1635125 1 his/her/their signature(s)on the instrument the JI ATTORNEY-IN-FACT
z e� person(s)or the entity upon behalf of which the,-m Notary Public-California � ❑ TRUSTEE(S)
Orange County person(s)acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
My Comm.Expires Jan 5,2010 ESS m ha (ficial seal, ❑ OTHER:
SIGNER IS REPRESENTING:
NA TU NOTARY I NAME of PERSON(S)OR ENTITYOES)S
C] acknowledged to me that such corporation execute th thin instrt ent pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
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 party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers, 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
(d)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:
11...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
QUANTA INDEMNITY COMPANQ
[formerly National Farmers Union Standard Insurance Company]
New York City,New York 10020
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers Union
Standard Insurance Company], a Colorado corporation, (hereinafter the"Company"), does hereby constitute and appoint:
Jeri Apodaca
of Irvine,California to be its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, seal,
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course
of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.00,)each, and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.
This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now in
full force and effect:
ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC.
Section 2. All bonds,undertakings, contracts, and other instruments, other than as above for and on behalf of the Company
which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Deputy Chairman, if any,or the President or a Vice President,jointly with the Secretary or an
Assistant Secretary,under their respective designations, except that any one or more officers or attorneys-in-fact designated in
any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in
Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of
attorney.
Section 3. All powers of attorney for and on behalf of the Company may and.shall be executed in the name and on behalf of the
Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,
jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be
engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman, President,
any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be
affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-
in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,
and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and
binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and
the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]has been
affixed thereto in New York City,New York this 26`h day of March, 2004.
Quanta Indemnity Company
[formerly National Farmers Union Standard Insurance Company]
— s� r
By
Walda Decreus, Assistant Secretary
L;MNIT
2 i 2003 °b
"s
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••OCORhO:'
a�aca%
Q ;
STATE OF NEW YORK) ss
COUNTY OF NEW YORK)
On this 26`h day of March,2004,before me, a Notary Public,personally came WALDA DECREUS, to me known, and
acknowledged that she is an Assistant Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard
Insurance Company]; that she knows the seal of said corporation; and that she executed the above Power of Attorney and
affixed the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]
thereto with the authority and at the direction of said corporation. rl
Carol E.Ginca(a
Notary Public-State of Now York Notary Public
No.01G14759623
Qualified in Westchester County
My Commission Expires June 30,2006
CERTIFICATE
I, the undersigned, Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company],
do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII,
Sections 2 and 3 of the By-laws of the Company are now in force.
IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 12thday of
June 2006
Y
Martha G.Bannerman, Secretary
�D�,MNITN
ti/'�iPb '•.P
FQ;'GO �T'•.O
22 o'ro
.�: 2003 ,9
ov''9'
Exhibit 2: Resolution No. 2006/408 establishing a new Land
Conservation Contract No. 05-0005 with Daniel and
Laura Rich for APN: 205-030-013