HomeMy WebLinkAboutMINUTES - 06282005 - C8 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 28, 2005
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement, San Ramon
(Dou herty Valley) area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S)e
ADOPT Resolution No. 2005/ 391 for RA 02-01139, accepting Completion of Improvements for Stoneleaf
Road and Road Improvement Agreement for project being developed by Shapell Industries of Northern California,
San Ramon(Dougherty Valley) area. (District 1111)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed improvements in accordance with the road improvement agreement. Therefore,the
developer is requesting the improvements be accepted to begin the warranty and maintenance period.
CONSE(; UENCES OF NEGATIVE ACTION:
The developer will not have the improvements accepted and the warranty and maintenance period will not begin.
Continued on Attachment: wl-�s IGNATURE:
4-IrECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
&--XVPROVE OTHER
SIGNATURE(S):
ACTION OF BO ON JME 283 2005 APPROVED AS RECOMMENDED XX OTHER
1 hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
XX UNANIMOUS(ABSENT NONE minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
CM:rrn:sr
G:1GrpData\EngSvc\BO\2005\06-28\RA 02-01139 B042.doc ATTESTED: .TUNE 28, 2005
Originator:Public Works(ES)
Contact: Teri Rie(313-2363) JOHN SWEETEN, Clerk of the Board of
cc: Public Works -Accounting Supervisors and County Administrator
-T.Bell,Construction
-Maintenance(w/Plat)
Sheriff-Patrol Div.Commander
Shapell Industries of Northern California
100 N.Milpitas Blvd. By , Deputy
Milpitas,CA 95035
Attn:S.Savage,S.Worden
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
Chris Low,City of San Ramon
Recorded at the request of: CONTRA COSTA Co RSCorder Off ice
Contra Costa County
Public Works Department SIEP4'��� La AIR C1�rkooRecorder am@()
Engineering Services Division DOC. 2@@ ==0239 1 32ma
Return to: JUM 29, 20@5 15:14:22
Public Works Department wednesday P
Engineering Services Division FRE $9.00
A A let Nbr�I06277412
1 PdPIrc/RS/I�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/ 391
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement for RA
02-01139, San Ramon(Dougherty Valley) area. (District 111)
The Public Works Director having notified this Board that the improvements for Stoneleaf
Road have been completed as provided in the Road Improvement Agreement with Shapell Industries
of Northern California heretofore approved by this Board;
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 21,2005,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
March 15, 2005 National Fire Insurance Company of Hartford
CM:rm:sr I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc1B012005106-28\RA 02-01139 BO-42.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Fie(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works -Accounting
-T.Bell,Construction
-Maintenance(w/Plat) ATTESTED: JUNE 28, 2005
Sheriff-Patrol Div.Commander
Shapell Industries of N.California JOHN SWEETEN, Clerk of the Board of Supervisors
100 N.Milpitas Blvd. and County Administrator
Milpitas,CA 95035
Attn:S.Savage,S.Worden
National Fire Insurance Company of Hartford By Deputy
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
Chris Low,City of San Ramon
RESOLUTION NO.2005/ 391
e
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement for RA
02-01139, San Ramon(Dougherty Valley) area. (District III)
DATE: June 28, 2005
PAGE: 2
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$477,800.00,
Bond No.92929963 5 issued by National Fire Insurance Company of Hartford 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 Stoneleaf Road improvements are ACCEPTED as
COMPLETE;the right of way was conveyed by separate instrument,recorded on April 2,2004,in
Volume 462 of Maps on page 16-34.
Road Road With/RW Width Len h
Stonefleaf Road 40' —72' —varies 1.15 miles
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $9,600.00 cash deposit (Auditor's Deposit Permit No. 414104, dated October
3 0,2003)made by Shapell Industries of Northern California and the performance/maintenance surety
bond rider for$141,900.00, Bond No. 929299635 issued by National Fire Insurance Company of
Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until released by this Board.
Shapell Industries of Northern California will maintain the improvements during the one year
warranty and maintenance period.
All deposit permits are on file at the Public Works Department.
RESOLUTION NO. 2005/391
4rNASURETY RA-1139, Stoneleaf Road, (Cross Ref SUB 7984)
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 635 issued by the
National Fire Insurance Company of Hartford as
Surety,on behalf of Shapell Industries of Northem California,a Division of Shapell Industries,Inc.,a Delaware Corp. o f
Milpitas, CA hereinafter referred
to as the Principal,and in favor of County of Contra Costa
of Martinez, CA hereinafter
referred to as the Obligee, effective the 6th day of January, 2005 —
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 12th day of May 1 2005 ,and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** — from the sum of
Nine Hundred Forty Six Thousand No/1 00*** Dollars($ 9461000.00** _),to the
sum of One Hundred Forty One Thousand Nine Hundred No/1 00*** Dollars($_1411900.00** _). ..
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Nine Hundred Forty Six Thousand No/1 00*** - Dollars($ 946.00 .00**
or for any loss occurring subsequent to said date shall not exceed the sum of
Qne Hundred
*** Dollars($�' 141,900.00"Ea*Qne Thousand Nine Hundred Noll 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 18th day of May,2005
Accepted Shapell Industries of Northern California, a Division
County of Contra Cos je""_� of Shapell Industries, Inc.,a Delaware Corp.
(Rriqcipal)
By By (Seal)
/001� B T D. MOORE ASST. V.P.
By 11 WA (Seal)
KEN COX ASST. SEC.
Nation e Insurance Company of Hartford
5ureW)'
Form F4763
A- ?a; (Seal)
By(
Pamela L. Stocks Attorne y-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 21 st day of March,2005.
GAS, Continental Casualty Company
National Fire Insurance Company of Hartford
' 0WOPArs �w� � American Casualty Company of Reading,Pennsylvania
Z s � JULY ii.
v SEAL
1897
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
W ZA PRICE
IWMIr MAN=STAN of NAr2
rr rwoN os�weaao�nsios
My Commission Expires September 17,2005 Eliza Price OF 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
printeiRn he reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
r-
ot 2
00D
day of S
GAS Continental Casualty Company
National Fire Insurance Company of Hartford
CORPORAreJULY 3 1.Eo American Casual ty Company of Reading,Pennsylvania
v SEAL �c t
1897 CP
'qr
Mary A. ika kis Assistant Secretary
Form F6853-11/2001
f
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 Attorney4n-Fact
Section 2. Appointment of Attomey-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`x'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 Califomia
County of Los Angeles
On May 18,2005 before me. Sandy Hanner-Notary Public
Oat* NAME. TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC"
personally appeared - Pamela L.Stocks
NAME(S)OF SIGNER(S)
X..) personally known to me-CSR- proved to me on the basis of satisfactory evidence to be
the person(or) whose names} is/a*subscribed to the within instrument and acknowledged to me that
No/she/*"executed the same in ftlherl*ek authorized capacity(Wo), and that by kWher/WtaW
signature(s)on the instrument the person(f), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNES my hand and official seal.
SANDY'HANNER
Commission#1 X62157
Notary Public-Cal SIGNATURE OF NOTARY
Los Angeles Crpunty
My Comm;Expires Jul 2,2006'
IN low awONAL
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
TLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
(.4.) ATTORNEY-IN-FACT NUMBER OF PAGES
) TRUSTEE jay
) GUARDIAN/CONSERVATOR
.) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Watinnal Fi .1nqtjranr-ai2any-Qf -.--j
f-Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On 2 0 6 before me, Sa Y^0 Y-) sy'n
DW Name and Title of Officer(e.g., Doe,Notary Public")
personally appeared M 00ye, 4-
Name(s)of Signer(s)
0 personally known to me
SALON SAVOY M proved to me on the basis of satisfactory evidence
Commission#1 4451 41 to be the person(s)whose name(s) is/are subscribed
z Notary Public-California to the within instrument and acknowledged to me that
Santa Clara County he/she/they executed the same in his/her/their
• My Comm.Expires Oct 13,20071 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.
WIT ESS my hand and lo 'cial seal.
Place Notary Seal Above
410" -1a
Signature of No ry Public
OPTIONAL
Though the information below is not required by law,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: Y'4
Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
M Individual 0 Individual
El Corporate Officer—Title(s): El Corporate Officer—Title(s):
0 Partner—0 Limited 0 General -RIGHT THUMBPRINT I F❑ Partner—7 Limited 0 General RIGHT THUMBPRINT'!
OF SIGNER OF SIGNER
El Attorney in Fact Top of thumb here ❑0 Attorney in Fact Top of thumb here—,
❑ Trustee F7 Trustee
7 Guardian or Conservator F] Guardian or Conservator
R Other: F1 Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association#9350 De Soto Ave.,P.O.Box 2402*Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
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 Insuraance
Company of Hartford,American Casualty Company of Reading, PA, The FirEimen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PRE UM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.09).
DISQLQSURE OF FEDERAL PARTICIPATION IN RAY-ME OF TERRORISM
LSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible,
Form F7310