HomeMy WebLinkAboutMINUTES - 01062009 - C.09 sE__L
TO: BOARD OF SUPERVISORS _ .-� `'- Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o „;n v S Costa,
DATE: January 6, 2009 ��p
cpox County
Sra I
SUBJECT: Accepting Completion of Improvements for Road Improvement Agreement, RA 05-01206 and
Declaring Pacheco Boulevard widening as a County Road, Martinez area. (District II)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2009/ J accepting Completion of Improvements for Road Improvement Agreement,
RA 05-01206 (cross-reference SD 05-08984), and declaring Pacheco Boulevard widening as a County road, for
project being developed by O'Brien at Pacheco, LLC, as recommended by the Public Works Director, Martinez
area. (District 1I)
FISCAL IMPACT:
None. .
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The improvements have been completed per the Road Improvement Agreement and in accordance with Title 9 of
the County Ordinance Code.
CONSEOUENCES OF NEGATIVE ACTION:
The improvements will not be accepted as complete, and the warranty period will not begin.
Continued on Attachment SIGNATURE: W
ECOMMENDATION OF COUNTY ADMINISTRATOR
WA_
ECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APP VED AS RECOM ENDED OTHER
I hereby certify that this is a true and correct
voTfz of SUPERVISORS copy of an action taken and entered on the
►/ UNANIMOUS(ABSENT /✓i�ylt/ ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
G:\EngSvc\BO\2009\01-06\RA 05-01206 BO-42 FORM.doc
Originator:Public Works(ES)
Contact: Jocelyn LaRocque(313-2315) ATTESTED: !'�
Recording to be is Woi s by Clerk of the Board DAVID TW , Clerk oft oard of
cc: Public Works -Finance
-Construction
-Maintenance(w/Plat) Supervisors and County Administrator
-T—December 6,2009
O'Brien at Pacheco
950 Tower Lane,Suite 1250
Foster City,CA 94404
Attn:Nelson Koen By > Deputy
International Fidelity Insurance Company
1575 Treat Blvd.,#208
Walnut Creek,CA 94598
Attn:Erin Bautista
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DOC— 2009-0002071-00
Public Works Department
Engineering Services Division Wednesday, JAN 07, 2009 08:31:40
Return to: FRE $0.00: I
Public Works Department Ttl Pd $0,00 Nbr-0000002662
Engineering services Division r r e/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 6, 2009 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2009/1
SUBJECT: Accepting Completion of Improvements for Road Improvement Agreement,RA 05-
01206 and declaring Pacheco Boulevard widening as a County road, as
recommended by the Public Works Director, Martinez area. (District II)
These improvements are approximately located along Pacheco Boulevard west of Falling
Star Drive and Little Valley Road.
The Public Works Director having notified this Board that the improvements for Pacheco
Boulevard widening have been completed as provided in the Road Improvement Agreement with
O'Brien at Pacheco, LLC heretofore approved by this Board;
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of January 6, 2009 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
February 27, 2007 International Fidelity Insurance Company
JL.-;e I hereby certify that this is a true and correct copy of an
o:\EnsSve\BO\2009u1-06\RA 05-01206 BO-42 FORM.doc action taken and entered on the minutes of the Board of
Originator:Public Works(ES)
Contact: Jocelyn LaRocque(3 13-23 15) Supervisors on the date shown.
Recording to be completed by Clerk of the Board
cc: Public Works -Finance
-Construction
-Maintenance6,PlatATTESTED: � Ar//b(/�AA)✓ �J �
-T—December 6,20099 Tr�V
O'Brien95T at r Lane,
DAVID TWA, Jerk of th oard of Supervisors and
950 Tower Lane,Suite 1250
Foster City,CA 94404 County Administrator
Attn:Nelson Koen
International Fidelity Insurance Company
1575 Treat Blvd.,#208
Walnut Creek,CA 94598 By , Deputy
Attn:Erin Bautista
RESOLUTION NO.2009/
SUBJECT: " Accepting Completion of Improvements for Road Improvement Agreement,RA 05-
01206 and declaring Pacheco Boulevard widening as a County road, as
recommended by the Public Works Director, Martinez area. (District II)
DATE: January 6, 2009
PAGE: 2
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $351,000.00,
Bond No. 0442412 issued by International Fidelity Insurance Company be RETAINED for the six.
month lien guarantee period until July 6, 2009, 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 widening of Pacheco Boulevard is ACCEPTED and
DECLARED to be a County road; the right of way was conveyed by separate instrument,recorded
on March 5, 2007, in Book 501 of Official Records Maps on page 44.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$7,020.00 cash deposit(Auditor's Deposit Permit No.476514,dated January 11,
2007) made by O'Brien at Pacheco, LLC and the performance/maintenance surety substitute for
$104,247.00, Bond No. 0442412(M) issued by International Fidelity Insurance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released
by this Board.
RESOLUTION NO. 20091 3
MAINTENANCE BOND
BONDNO.: 0442412 (M)
Premiuun included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THATuwe, O'Brien At Pacheco, LLC a California limited liability company as Principal,
and International Fidelity insurance Company ,a corporation organized and doing business tinder
and by virtue of the laws of the State of New Jersey, and duly licensed to conduct surety
business in the State of California, as Surety,are held and firmly bound unto
County of Contra Costa
as Obligee,in the sum of One Hundred Four Thousand Two Hundred Forty Seven—
$ 104, 247 . 00
even--
($ 104, 2 4 7 . 0 0 ___)Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors
and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Belmont Terrace
WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW,THEREFORE,if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee,then this obligation shall be void;otherwise to remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this 3rd dayof December 2008
YEAR
O'Brien at Pacheco, LLC
a California limited liability company International Fidelity Insurance Company
Principal
By: The O'Brien Group, a California corporation
its Managing Member B 41)
Y: L(
Erin Bauti a Attorney-in-Fact
By:
a yn Kali, Chief Financial Officer
ACKNOWLEDGMENT
State of California
County of Santa Clara
on December 3, 2008 before me, Jean L. Neu, Notary Public
(insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person(5) whose name(k) is/ane
subscribed to the within instrument and acknowledged to me that Wshe/ttec executed the same in
fais/her/#tjdr authorized capacity0es* and that by:ATWherftl*air signature(s)on the instrument the
person(§), or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. u JEAN r�E F
Com nlssion# 1626523
1( l FJOGf} 'ubilc E lli Gins
°ars Mateo CounnJ 7
My'Comm Expires D,c 21.20090
Signature `
:el
1ci (973)624-.7299 .,.,:� ORNE.
OF: ATT
POWER",
..
INTERNATIONAL FIDELITY IN COMPANY:.
HOME OFFICE: ONE NF_ViXRk CiNtER,2071,414L
NEWARK;NEW JERSEY ,07102�5207
KNOW ALL MEN BY THESE �
PRESENTS: Tbat INTERNATIONAL FIDELITY INSLTRANCE COMPANY, a orportmon organized d is
1 1. 1 1 1: z llouex tIng
laws of the Slate of New jersey,and having us principal office in the City'of Newark,New Jersey,does hereby:constitute and appoint
.......... .........
......... ...... ...........
BRADLEY N WRIGHT, B.A. POITEVIN, JEAN L N tb.......�RIF, ..N....B-A...UT'I'S44;*CAROL B. HENRY',
BRYAN D.' MARTIN, S. NICOLE EVANS
San Jose, CA.
.............
.................... .............. .................
I and deliver for and on its behalf as surety,lug and allbonds and undertakings,contracts of indemnity and
its true ar)d.lawfiii.attor(iey(s)-iii-fact to,execute,sea
:allowed, required or,perimit-te b I de,:reigulation,'contractor otherwise, and
other writings obligatory in the nature thereof, which arc,or may.be.allov ;law,statute,ru
f iliell instionient(s).in pursuance of these presents, shall be as binding upon ie said INTERNATIONAL FIDELITY INSURANCE
the execution of E
COMPANY, as fully and amply;,to all'intents,and purposes,<asif dle.same had been.duly execlited,and acknowledged by its regularly elected officers at its,
principal,office.
This Power.of Attorney is executed;and maybe revoked,pursuant to and bya uthoritJ.of Article 3-Section 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th dayofFebruary, 1974,
The President or any.Vice President,ExecutiveVice President,Secretary or Assistant Secretary;shall have power and authority, L.
- ttach the Seal of the Company thereto,bonds and
(1)To.appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company,and a
undertakings,,contracts-of indemnity and other,writirlo obligatory itithe nature thereof and,
ej,any such attorney-ht-fact revoke the 311tIlDrily"ghlen.
To:,rerno.rve,at any.tim
Further,this Power of Attorney is signed and sealed by:facsionie pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of tile company may be affixed to any suchwer of attorney or anycertificate relating thereto by
facsimile,and any such power of attorney or certificate hearing such facsimile signatures Or facsimile seal be valid and binding upon the Company and any
,such power so executed and certified by facsimile signatures and facsirnile sea]shall be valid and binding upon the Company in e future with respect to any
bond or undertaking to which it is attached.
IONAL FIDELITY INSURANCE COMPANY has caused this instrument t6 be
Ty IN TESTIMONY WHEREOF,INTERNATIONAL
Ac signed and its corporate seal to,be affixed by its authorized officer,this 16th day of
October,A.D.2007.
0 INTERNATIONAL FIDELITY INSURANCE COMPANY
SEAL
r" STATE OF NEW EW JERSEY
5K County oflEssex
<Z
Secretary
j
duty
'Oo this"16th day of October 2007, before.nic came the individual'who executed the precedinginstrument, to me personally'known; and,being by me du
IDELITY:INSLIRANCE CONIPANY;that the seal affixed to
sworn,said:thc he is the therein described and authorized officer of INTERNATIONAL of Directors Of
$ -C) p ny; that.the said,Corporate Seal and his signature were duly affixed by,order of the Board a) instrument is the Corporate Seal of sind'Com a
said Company:
ti k IN TESTIMONY WHEREOF,I have herelinto set.my hand affixed my Offichil-Seal,
at the City of Newark, New Jersey.the day�and year fist above written.
NOTA
0 �,y
'y ,1Lr_1!
PUSt
1,C �h
A NOTARY,PLTBLIC OF NEW JERSEY
CERTIFICATION;
My Commission Expires Nov.21,2010:
e undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the bregouigcopy ri
the
th ORIGINALS ON
Power of Attorney,with the ORIGi
d the copy of the Section of the By-Laws of said Company as set forth in said I
M
Towcr of Attorney and affidavit,all fthe whole of the said originals,and that ftsajd, Pdwer
IN THE HOME OFFICE OF SAID COMPANY,`'and that the silme'aiecorrect transcripts thel'66f,-alld. 0
of Attorney has not been revoked and is now.in fall force and effect
IN TESTIMONY WHEREOF,I have hereunto set my,hand this 3rA day of' Deceiiiber, 2008,
Assistant Sq&rqtsiY
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California
County of San Mateo
On December 4, 2008 before me, Catherine Biddle, Notary Public, personally
appearedCaryn E. Kali who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. Comftl
mbCATHERINE 8t�t0
Notary PuWk-CalNomla
San Mateo County
my Comm. Ex iroa Jun 21,2012
Signature (• lY� (Seal)
RESOLUTION-
I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California
Corporation, do hereby certify that the following is a true and correct copy
of a Resolution passed by the Board of Directors of THE O'BRIEN
GROUP on June 27, 2001.
"RESOLVED that Caryn Kali, Chief Financial Officer and Treasurer
of this Corporation, is authorized to execute any and all documents on
behalf of this Corporation."
Dated: Co -,J-7—0 ! Signature��