HomeMy WebLinkAboutMINUTES - 06282005 - C17 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 28, 2005
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,
San Ramon(Dou herty Valley) area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 400 for Subdivision 95-07984, accepting completion of warranty period and
release of cash deposit for faithful performance, for project being developed by Shapell Industries of Northern
California, San Ramon(Dougherty Valley) area. (District Ell)
FISCAL IMPACT:
None.
BACKGROUND/REASON(-$) FOR RECOMMENDATION(S):
The improvements have met the guarantee performance standards for the warranty period following completion of
improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The improvements will not be accepted and the bonds will not be reduced.
Continued on Attachment: SIGNATURE:
...COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_.�AWPROVE OTHER
SIGNATURES)-.<�: g
ACTION OF BO ON. Ti,j F. 9 8. 9()()c; APPROVED AS RECOMMENDED.xx 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 NONE
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: JUNE 281 2005
TR:rm:sr JOHN SWEETEN, Clerk of the Board of
G:\GrpData\EngSvc\BO\2005\06-28\SD 95-07984 BO-60.doc Supervisors and County Administrator
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
I.D.95-2578030
cc: Public Works -M.Valdez,M&T Lab
-T.Bell,Construction By Deputy
-J. Ysmael,Engineering Services
Current Planning,Community Development
Shapell Industries of Northern California
Attn:Steve Savage,Sam Worden
National Fire Insurance Company of Hartford
City of San Ramon
Attn:Chris Lowe
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 28, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKE M
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 400
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance, Subdivision 95-07984, San Ramon(Dougherty Valley)area. (District
HI)
On December 2.2003,this Board resolved that the improvements in Subdivision 95-07984
were completed as provided in the Subdivision Agreement with Shapell Industries of Northern
California,, and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance.NOW THEREFORE BE
IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $54,800.00 cash
deposit (Auditor's Deposit Permit No. 391840, dated August 22, 2002) plus interest to Shapell
Industries of Northern California in accordance with Government Code Section 53079 (if
appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement.
BE IT FURTHER RESOLVED that the warranty period has been completed by the
developer,except for minor concrete work. The Subdivision Agreement and surety bond rider,Bond
*-.I
No. 929-247-986, for$25,000.00 shall remain in effect until the minor concrete work is completed
and release from this Board.
Upon acceptance by the Board of Supervisors of this warranty and maintenance period,the
City of San Ramon shall accept maintenance in accordance with the Dougherty Valley Memorandum
of Understanding.
TR:nn:sr I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\80\2005\06-28\SD 95-07984 BO-60-doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Teri Rie(313-2363)
I.D.95-2578030
cc: Public Works -M.Valdez,M&T Lab
-T.Bell,Construction ATTESTED: JUNE 281 2005
-J. Ysmael,Engineering Services JOHN SWEETEN, Clerk of the Board of Supervisors
Current Planning,Community Development
Shapell Industries of Northern California and County Administrator.
Attn:Steve Savage,Sam Worden
National Fire Insurance Company of Hartford
City of San Ramon
Attn:Chris Lowe By /.,&/ , Deputy
000or
RESOLUTION NO.2005/ 400
•
CMASURETY Tract 7984,Gale Ranch 11,N-1
INCREASE -DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 247 9W issued by the
National Fire Insurance Company of Hartford as
Surety,on behalf of Sha II Industries of Northern California,a Division of Sha II Industries,lnc.,_a Delaware Corp._ of
Milpitas,CA hereinafter referred
to as the Principal, and in favor of County of Contra Costa
of Martinez,CA hereinafter
referred to as the Obligee, effective the 14ttL— day of Aunust 2002
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 22nd -_ day of February 1 2005 -,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** — from the sum of
Eight Hundred Fourteen Thousand Five Hundred No/100**(Performance Only Dollars($ 814.500-00** to the
sum of Twenty Five Thousand No/1 00** Dollars($ 25.000.00**
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 Eight Hundred Fourteen Thousand Five Hundred No/100**(Performance On Dollars($ 814.500.00**
or for any loss occurring subsequent to said date shall not exceed the sum of
Twenty Five Thousand No/100**- Dollars($ 25,000.00**
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 6th day of ,lune,2005
Accept B y.- Shapell Industries of Northern California,a Division
Accept
7B y-,
ty of of Shapell InVstries, Inc., a Delaware Corp.
County%of tra C
(Principal)
By By (Seal)
Gr- Wsr V
EN S SEC.
By (Seal)
ROBEAT D. MOORE, ASST. VP
National Fire Insurance Company of Hartford
Form F4763
By '00,
cvlzwed (Seal)
Af Z
- V*ftwe
Gin 'Shea Attorncy-in-Fact
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT j
State of California
County of Santa Clara
On June 7,2005,before me, Janice T. Kruse,Notary Publicersonall appeared
l>
p Y pp j.
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 the executed the same 'g y
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.
> JANICE T.KRUSE .WITNESS my hand and official seal.
>, ' ~ Commission# 1318697
\' z Notary Public-California
Santa Clara County
esAug2 g
f1Ay Comm.'Expires A 2a, 00 Si ` ture of Not
gni Notary Public
Optional Information 1>
Title or Type of Document: Decrease Rider-
Tract 7984 r>
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ?<
i
Shavell Industries,Inc. j
�' 11
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�S
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 21 st day of March,2005.
Go Continental Casualty Company
National Fire Insurance Company of Hartford
0 American Casualty Company of Reading,Pennsylvania
AXY 31.
Sm
log?
Michael Gengler Sen' r Vice'* President
State of Illinois,County of Cook,ss:
On this 21 st day of March,2005,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 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
SLUA PF"
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------El sie-011f,
My Commission Expires September 17,2005 Eliza Price OF Notary Public
CERTIFICATE
1,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 reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
.om
6th _day of JUM 2005
AS Continental Casualty Company
National Fire Insurance Company of Hartford
COW ORAre ,arAmerican Casualty Company of Reading,Pennsylvania
'` } JULY 311,
SEAL OR
Q.- A
1897
Mary A.RtbikafWs Assistant Secretary
Form F6853-11/2001
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 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 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 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 attomeys-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-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 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 Attomey-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, 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."
' 1
State of Califomia
County of _ Los Angeles
On
June 6,2005 before me. Sandy Hanner-Notary Public
�.. --
Oat• NAME. TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC"
personally appeared Gina O'Shea
NAME(S)OF SIGNER(S)
personalty known to me-OR- (._....)proved to me on the basis of satisfactory evidence to be
the person(s)whose name(a) is/*m subscribed to the within instrument and acknowledged to me that
he/she/fit executed the same in /her/flair authorized capacity(ss), and that by kWherl
signature(s)on the instrument the person($), or the entity u on behalf of which the person(s) acted,
executed the instrument.
WITNES my hand and o 'vial seal.
SANDY_-HANNER
64
.�. Commission#13621.67 SIGN A RE OF NOTARY
Notary Public-CaWomia
Los Angeles Cpwty
_My COMM.expires Jul 2,ZOOS 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
4...._.) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(.._._) PARTNER(S) (..�) LIMITED
(�) GENERAL
(.Z.) ATTORNEY-IN-FACT NUMBER of PAGES
(�) TRUSTEE(S)
(._....) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
_Natinnal Fire Insuran .P.. omoany of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
(3-107426-11
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 bonds 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.
DISMQSV-RE— QF I!REMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DIS.CIS QSM-OF FEDERAL P -OF SM
ARTICIPAT10hi IN RAYAMNT TERRORI
LEES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F7310