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HomeMy WebLinkAboutMINUTES - 06282005 - C4 T O: BOARD OF SUPERVISORS � FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: Accepting completion of improvements for Camino Tassaj ara Road,Danville area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 387 for RA 00-01107(cross-reference Subdivision 8002),accepting completion of improvements for Camino Tassaj ara Road, for project being developed by Shapell Industries of Northern California, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The road improvements have been completed in accordance with the road improvement agreement. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted and the one year warranty period will not begin. Continued on Attachment:✓ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE PROVE -OTHER r SI NATURES AC ION OF BO 7 ON JUNE 28, 2005 APPROVED AS RECOMMENDED x_OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the UNANIMOUS(ABSENT NONE ) Adate shown. YES: NOES: ABSENT: ABSTAIN: CM:mrsr ATTESTED: JUNE 28, 2005 G:\ DatalEngSvc\B0\2005106-281RA 00-01107 BO-45.doc Origi ator: Public Works(ES) JOHN SWEETEN Clerk of the Board of Contact: Teri Ric(313-2363) I.D.95-2578030 Supervisors and County Administrator cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. -J.Ysmael,Engineering Svc. -T.—May 28,2006 By , Deputy Sheriff-Patrol Div.Commander CHP,c/o AI CSAA—Cartog Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:S.Savage,S.Worden American Casualty Company of Reading PA 21650 Oxnard Street Woodland Hills,CA 91367 Attn:Pamela Stocks CONTRA COSTA Cc Recorder Office Recorded at the request of. STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOCS 2006X0239 1 28 '00 Board of Supervisors Wednesday, JUN 29, 2009 15:13:53 Return to: Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0,00 Nbrm@@02771898 Irc/R9/1-9 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 UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 387 SUBJECT: Accepting completion of improvements for Camino Tassaj ara Road,R.A,00-01107 (cross-reference Subdivision 8002), Danville area. (District III) These improvements are approximately located along Camino Tassaj ara Road. The Public Works Director has notified this Board that the improvements in Road Improvement Agreement RA 1107 with Shapell Industries of Northern California, have been completed heretofore approved by this Board in conjunction with the filing of the Subdivision Map. CM:rm:sr G:\GrpData\EngSvc\BO\2005\06-28\RA 00-01107 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: JUNE 28, 2 005 -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -J.Ysmael,Engineering Svc. -T.—May 28,2006 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Shapell Industries of Northern California 100 N.Milpitas Blvd. By ,Deputy Milpitas,CA 95035 Attn:S.Savage,S.Worden American Casualty Company of Reading PA 21650 Oxnard Street Woodland Hills,CA 91367 Attn:Pamela Stocks RESOLUTION NO.2005/ 387 SUBJECT: Accepting completion of improvements for Camino Tassaj ara,RA 00-01107(cross- reference Subdivision 8002), Danville area. (District III) DATE: June 28, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 28,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY March 26, 2002 American Casualty Company of Reading PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for$985,602.00, Bond No. 929206139 issued by the above surety be RETAINED for the six month lien guarantee period until December 28,2005,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 the widening of Camino T as s aj ara Road the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 8002 filed April 12,2002,in Book 441 of Maps at Page 46-53,Official Records of Contra Costa County,State of California, is ACCEPTED and DECLARED to be a County road. Road Name Road-R/W Widths Road Number Lengths fflilUso� Camino Tassaj ara 0.022miles 4721C 0.405 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$19,712.00 cash deposit(Auditor's Deposit Permit No. 3 82409,dated March 1, 2002)made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $292,723.20, Bond No. 929206139 issued by American Casualty Company of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/387 RA-1107,Wendt Ranch CNA SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 206 139 issued by the American Casualty Company of Reading, PA .,as Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries, Inc. of Milpitas, CA ,hereinafter referred to as the Principal,and in favor of County of Contra Costa of Martinez, CA ,hereinafter referred to as the Obligee, effective the 21 st day of February_, 2002 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 12th day of May 1 2005 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED*-A from the sum of One Million Nine Hundred Fifty One Thousand Four Hundred Eighty Eight and No/100** Dollars($ 1,951,488.00** ),to the Sum of Two Hundred Ninety Two Thousand Seven Hundred Twenty Three and 20/100** Dollars($ 292,723.20** ). 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 Slim of One Million Nine Hundred Fifty One Thousand Four Hundred Eighty Eight and No/100** Dollars($ 1,951,488.00** or for any loss occurring subsequent to said date shall not exceed the sum of Two Hundred Ninety Two Thousand Seven Hundred Twenty Three and 20/100** Dollars($ 292,723.20** ), 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 12th day of May,2005 Accepted By. Shapell Industries of Northern California, a Division County of CorVa Costa of Shapell Industries, Inc. (Principal) BY Byi (Seal K -{N OX, ASST. - SEC. By `(Seal) ROBERT D. MOORE , ASST. V.P. American-.Casualty Company of Reading, PA uret Form F4763 Seal Pamela L. Stocks /Attorney-in-Fact 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 Attorneys)-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. NS Continental Casualty Company National Fire Insurance Company of Hartford MAT, American Casualty Company of Reading,Pennsylvania if ilr! MY 3i, SEAL 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 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 ELIZA PRICE NOTARY PUBLIC,STATE OF ILLINOISMY COMMISSION EXPIRES:09M?W -------- ------- ----------------------------- My Commission Expires September 17,2006 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 12th day of may 2005 j AS 4 Ap Continental Casualty Company National Fire Insurance Company of Hartford 00WOPAIre American Casualty Company of Reading,Pennsylvania ej, I S+..-Ns AILY 31. SEAL 190Z • Coe 1897 ME"A.R.Abikaiakis 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 IMExecution 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 Whday 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 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 17th 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 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'`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." State of California County of Los Angeles On May 12,2005 before me. Sandy Hanner-Notary Public NOTARY PUBLIC" 0010 NAME.TITLE OF OFFICER.. 'JANE DOE. 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(&) islwo subscribed to the within instrument and acknowledged to me that Wshe/*ft executed the same in Us/herlftlr authorized capacity0s), and that by kWher/Wa* signature(s)on the instrument the person(5), or the entity n behalf of which the person(s) acted, executed the Instrument. n 3 m hand WITNES my and o *al seal. SANDY'HANN15R .Y..., Commission#1362t57 Notary Public-California SIGNATURE OF NOTARY Los Angeles County My Comm.Expires Jul 2,20M OPTIONAL 'low 1W, 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 NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESEPMNG: NAME OF PERSONS} OR ENTITY(If American Casualty Compa of Reading, ennsylvania SIGNER(S)OTHER THAN NAMED ABOVE (3-107426-IB NOTI%,j.n 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. Toprind pals on bonds and insureds on certain *insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety o or insurer:Western Surety Company, Universal Surety of Amexica 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. DIS CIL—OSURE Q I!REMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE-OF FEDERAL PAR - TICTEATION-IN PAYME -N T-OF TERRORISM LO The United States will pay ninety percent (90%) of covered,terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 1 1 1� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �< State of California ? County of Santa Clara On May 16,2005,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 >� � p � the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE 1� �S '�• Commission# 1318697 � �\�WITNTSS my hand and official Public•California ficial seal. Santa Clara County 1 ZS My Comm.Explow Aug 24,2045 Si ature of Notary Public Optional Information �s Title or Type of Document: Decrease Rider-RA 1107-Wendt Ranch Capacity Claimed by Signer: Assistant Vice President and Assistant Secreta ry of ,> Shayell Industries, Inc. 1. l i )i • l l