HomeMy WebLinkAboutMINUTES - 06282005 - C9 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
(Dougherty Valley) area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 392 for RA 03-01148,accepting Completion of Improvements for Japonica Way
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 RECOMMENDATIONS
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.
CONSEQUENCES OF NEGATIVE ACTION:
The developer will not have the improvements accepted and the one year warranty and maintenance period will not
begin.
w-----.I low
Continued on Attachment:_A,,---"' SIGNATURE:
----�ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_jl.,. �ROVE OTHER
SIGNATURE(S):
ACTION OF BOA rN. JUNE 28 2005 APPROVED AS RECOMMENDED—xx OTHER
I 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:n-n:sr
G:\GrpData\EngSvc\BO\2005\06-28\RA 03-01148 BO-42.doc ATTESTED: JUNE 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)
CSAA-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Commander
Shapell Homes By V Deputy
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:S.Savage,S.Worden
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
Recorded at the request of: CONTRA COSTA Co Recorder Office
Contra Costa County STEPHEN L. AIR Clerk=R�c�r��r
Public Works Department DOC� 200 �0239133�00
Engineering Services Division
Return to: Wednesday, JUN 29, 2005 15:14:28
Public Works Department FRE $0.00
Engineering Services Division Tt I Pd $0,00 Nb r-0002771
903
Irc/RS/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, DESAUILNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT. NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/. 392
SUBJECT: Accepting Completion of Improvements for Japonica Way and Road Improvement
Agreement for RA 03-01148, San Ramon(Dougherty Valley) area. (District I111)
The Public Works Director having notified this Board that the improvements for Japonica
Way 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 28,2005 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
August 17, 2004 National Fire Insurance Company of Hartford
CM:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2005\06-28\RA 03-01148 BO-42.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works -Accounting
-T.Bell,Construction
CSAA-Cartog -Maintenance(w/Plat) ATTESTED: JUNE 289 2005
CHP,c/o Al JOHNSWEETEN, Clerk of the Board of Supervisors
Sheriff-Patrol Div.Commander and County Administrator
Shapell Industries of Northern California
100 N.Milpitas Blvd.
Milpitas,CA 95035 By Deputy
Attn:S.Savage,S.Worden
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
RESOLUTION NO.2005/ 392
0 0
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement for RA
03-01148, San Ramon(Dougherty Valley) area. (District III)
DATE: June 28, 2005
0
PAGE. 2
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$411,450.00,
Bond No.929299742 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 Japonica Way improvements are ACCEPTED as
COMPLETE;the right of way was conveyed by separate instrument,,recorded on June 1,2004,in
Book, 465 of Maps on page 1-20.
ROAD WIDTH LENGTH
Japonica Way 40' —71) 0.31 miles
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $8,200.00 cash deposit (Auditor's Deposit Permit No. 423931, dated May 3,
2004) made by Shapell Industries of Northern California, a division of Shapell Industries Inc., a
Delaware Corp., and the performance/maintenance surety bond rider for $122,205.00, Bond No.
929299742 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until released by this Board.
Shapell Industries of Northern California will maintain the improvements during the
maintenance and warranty period.
All deposit permits are on file at the Public Works Department.
RESOLUTION NO. 2005/392
4
CAfA SURETY
RA-1148, Gale Ranch II
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929 299 742 issued by the
National Fire Insurance Company of Hartford ., as
Surety,on behalf of Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp. of
Milpitas, CA , hereinafter referred
to as the Principal, and in favor of _County of Contra Costa
of Martinez, CA , hereinafter
referred to as the Obligee, effective the 20th day of April 2004
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 12th day of May 2005 , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby **DECREASED** from the sum of
Eight Hundred Fourteen Thousand Seven Hundred No/100*** Dollars($ 814,700.00** ) to the
sum of One Hundred Twenty Two Thousand Two Hundred Five No/100*** Dollars($ 1229205.00** )
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 Seven Hundred No/100*** Dollars($ 8142700.00** }
or for any loss occurring subsequent to said date shall not exceed the sum of
One Hundred Twenty Two Thousand Two Hundred Five No/100*** Dollars($ _122,205.00** ),
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 By: Shapell Industries of Northern Division
P California,, a ivision
County of Contra osta of Shapell Industries, Inc.,a Delaware Corp.
( in ' a
By \
BY (Seal)
B T D. M ORE, ASST. V.P.
J,
BY P; (Seal)
KEN COX, ASST. SEC.
National,FtlrInsurance Company of Hartford
� fSur,¢ty)
Form F4763 `� �•i L
ByZ -/ (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 21 st day of March,2005.
4r Continental Casualty Company
�! y � National Fire Insurance Company of Hartford
00WOM4 , �wc �ot� American Casualty Company of Reading,Pennsylvania
ZD i AXY M.
V SEAL r • 1902
'qc �
1897 i1lA �
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.
E
FICIAL SEAL6UZA PRICE
tt MM=STATE Of UM NMEMOM VVM@5sOE/1710i
_--AAOW%&ftw- —
My Commission Expires September 17,2005 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
printe reverse hereof's still in force. In testimony wh reof I have hereunto subscribed my name and affixed the seal of the said corporations this
lvtrNllay, 1005
day of � ,
0ASS r tusuf � Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
O :a MY 31.
v SEAL 'r mss. 1902 coo . 7%
1897 NIA
Mary A.R ika kis Assistant Secretary
Form F6853-11/2001
■ y
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 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 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 if 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 17th 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 18,2005before me, Sandy Hanner-Notary Public
Date NAME. TITLE OF OFFICER, "JANE DOE. NOTARY PUBLIC"
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 names) is/mm subscribed to the within instrument and acknowledged to me that
he/she/fit executed the same in*ftlherl r authorized capacity f ew), and that by Nialhert
signature(s)on the instrument the person(i), or the entity upon behalf of which the persons) acted,
executed the instrument.
}
.r
1
SANDY'HANNER WITNESS.my hand and official seal.
Commission#1362157
t Am Notary Public-Califomia
� Los Angeles bounty
SIGN A RE OF NOTARY
My Comm.Expires Jul 2,2006
4 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
CORPORATE OFFICER
TITLE{S} TITLE OR TYPE OF DOCUMENT ~�
(...._} PARTNER(S) (.,�) LIMITED
(�) GENERAL
(.2L) ATTORNEY-IN-FACT NUMBER of PAGES
C--)
TRUSTEE(S)
(...._.) GUARDIAN/CONSERVATOR
{_....) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
_ atinnnl Fire Ins uran .e moan f Hartford
----------
SIGNER(S) OTHER THAN NAMED ABOVE
(3-107426-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sea nts U-&- yrss.
On M'
S�A �� before me, 00011'0
.j Date Name and Title of Offiqer(e.1 "J e Doe,Notary Public")
ft C-6
personally appeared o C)y;ej ex X
ame(s)of Signer(s)
D personally known to me
Am 0 proved to me on the basis of satisfactory evidence
SON SAVOY- to be the person(s) whose name(s) is/are subscribed
Commission#1445141 to the within instrument and acknowledged to me that
Notary Public-CallfoMia he/she/they executed the same in his/her/their
Santa Clara County
Y COMM.-Expires authorized capacity(ies), and that by his/her/their
Oct 13
M .20071
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 nd official seal.
Place Notary Seal Above UUV,/
Signature of Notary Pu is
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: In fnse,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual 0 Individual
0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
0 Partner—7 Limited 0 General 111113PRritr F-1 Partner—F-1 Limited 0 General
RIGHT THUMBPRINT
F� Attorney in Fact OF SIGNER 7 Attorney in Fact OF SIGNER
Top of thumb here Top of thumb here
7 Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
0 Other: F-1 Other:
Signer Is Representing: Signer Is Representing:
so
M_ sax 11;j
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 9 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 Insurance
Company of Hartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE QF-PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
DISCLOSURE-OF FEDERAL PARTICIPATION IN RA HENT OF TERRORISM
LQS "no
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretytinsurer deductible,
Form F7310