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Home My WebLink AboutMINUTES - 05022006 - C.8 5� TO: BOARD OF SUPERVISORS '`�'-j � THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006,by the following vote: AYES: Uilkema, Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -- - RESOLUTION NO. 2006/ 0�2� SUBJECT: Approving the Road Improvement Agreement for Sandmound Boulevard, RA 05- 01188 (cross-reference Subdivision 90-07562), Oakley area. (District V) The following document was presented for Board approval for Sandmound Boulevard,road acceptance file RA 05-01188(cross-reference Subdivision 90-07562)property located in the Oakley area, Supervisorial District V. A Road Improvement Agreement with Shea Homes Limited Partnership,a California Limited Partnership,principal,whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within two years from the date of said agreement.Improvements generally consist of pavement widening,relocating roadside ditch,intersection realignment(Cypress Road Extension/Sandmound Boulevard). Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action Originator. Public Works(ES) Contact: S.cospndchikov(313-2316) taken and entered on the minutes of the Board of Supervisors LS:rm on the date shown. G:1GrpDataTngSvclBOt2006105-021RA 05-01188 BO-15.doc cc: Public Works- Construction Current/2/07anning,Community Development ATTESTED: �aS Shea Hornes She 2580 Shea Center Drive JOHN CULLEN> r c Cleof the Board of Supervisors and Livermore,CA 94550 County Administrator Atm:Blake Reinhardt\ Safeco Insurance Co of America 330 N.Brand Blvd.,Suite 1000 Glendale,CA 91203 By Deputy RESOLUTION NO.2006/ '2 SUBJECT: Approving the Road Improvement Agreement for Sandmound Boulevard, RA 05- 01188 (cross-reference Subdivision 90-07562), Oakley area. (District V) DATE: May 2, 2006 PAGE: 2 I. Cash Bond Performance Amount: $7,481.00 Auditor's Deposit Permit No. DP 461684 Date: April 4, 2006 Submitted by: Shea.Homes Taxpayer identification number: 95-424-0219 II. Surety Bond Bond Company: Safeco Insurance Co. of America Bond Number and Date: 6399475 March 16, 2006 Performance Amount: $740,619.00 Labor& Materials Amount: $374,050.00 Principal: Shea Homes Limited Partnership, a California Limited Partnership NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/oPa,7 ROADIMPROVEMENTAGREEMENT rn Developer: gyen Hnmag Effective Date: / ' ��1 Zi -zoo� Development: RA05-1188 (x_96'F5r_50V-7%2,) Completion Period: 2yeatg Road: Cypress Road /Sandmound Blvd. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Shea Homes Limited Partnership Maurice M. Shiu,Public Works Director a California Limited Partnership By: (/� , (signat e) `^ (printn e& O ald A.Ho t� CileD AE RECOMMENDED FOR APPROVAL By: e� .Ar�� (signature) EngineeringServicesDivision (print name&vile) Matt J. Henry n` — FORM APPROVED: Victor J.Westman,County Counsel Au?_ 'M Z (NOTE: All signatures to be acknowledged. bdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County," and the above-mentioned Developer,mutually promise and agree as follows concerning this development: Z. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement pians and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 7,481.00 cash,plus additional security,in the amount of$ 740,619.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check, x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 374,050.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On March 27. 2006 , before me, Laurel Wilson, Notary Public, personally appeared Matthew J. Henry and Donald A. Hofer ,personally known tome(or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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. WITNESS my hand and official seal. . T WILSON LI44 0 NOTARY UBLIOMM#GCAFORNIAW Signature: zCom/�Y I ALAMEDA COUNTY O ,*COMM. 3 EXP.MARCH 4,20081 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 Document Title/Type Road Improvement Agreement Document Date: Number of Pages I Signer(s)Other Than Named Above: Contra Costa County Capacity(ies) Claimed by Signer(s) Signer's Name: Matthew J. Henry&Donald A. Hofer Lei Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: —Limited —General _ Attorney-in-Fact _ Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 r a ip (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT SALES TAX 100300 0637 6.20 SALE OF PLANS & SPECS 004500 9931 REV 6AO196 80.80 CORNER RECORDS 3843-3858 000651 9660 6LO880 160.00 RS3082 Record of Survey rev 500.00 MS 03-0005 Base Map Fee 004528 9931 6k0330 50.00 SD 98-07998 Agmt Ext 000651 9660 6LO76B 250.00 6L0077 2,534.26 MS90-00143 Agmt EXT 6LO76B 400.00 Notary Fee 004500 9975 20.00 SR4 Golf Course 10/5 rent 007862 9191 3,550.00 Inv 911962,911961,911887 000651 191051REV 16LOB12E 7,839.30 Inv 911769 1,346.50 Inv-911769 IF 1, 708.10 Trust Fund 000682 9752 11,008.83 819800 0800 9,073.00 000649 9665 1 75,804.72 EXPLANATION: TOTAL $ DEPOSIT 113,331.71 C.C.: Deposit consists of the following items Acctng: G1200798-G1200801 COIN and CURRENCY $ Engr Svcs: G1192411-G1192445 CHECKS,M.O.,ETC. $ 113,331.71 Invoices: 9111962, 911961,911887,911769 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED l(Pt�p The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: -—Date—/_/_ Signed Signed: Tllle. EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) 0682-9752 / 139200: G1192414, $11 ,008.83, Bus Shelter Program Oct04- Jun05, CBS Outdoor, AKA; Viacom Outdoor, 185 US hwy46, Fairfield, NJ, 07004 819800-0800: 61192412, $7,481.00, RA05-1188, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1192417, $1,592.00, MS 94-0003, Cash Bond, Charlene Goodrich Loan Servicing, Inc., FRO Blue & Gold Development,LLC, Loan #5727 0649-9665 / 112300: 61192412, $37,164.50, RA 05-1188, Inspection, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 0649-9665 / 112300: G1192413, $450.00, MS 030005, COA Compliance Check, Brian Seibel, 1850 Mt. Diablo Blvd., Ste 650, Walnut Creek, CA 94596 0649-9665 / 112300: G1192415, $1,775.00, Sub8508, Final Map, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 . / 112300: G1192416, $9,480.00, MS94-003, Insp Deposit, Charlene Goodrich Loan Servicing, Inc., FRO Blue & Gold Development,LLC, Loan #5727 0649-9665 / 112300: G1192418, $3,650.00, Sub 9020, Final Map, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1192419, $4,125.00, Sub 9023, Final Map, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: G1192420, $3,975.00, Sub 9022, Final Map, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61192421, $4,075.00, Sub 9021, Final Map, ; Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61192422, $5,879.22, 51)98-07998, Insp Dep, Dr. Horton (WPH Bay Area), 301 Cp„erce St., Suite 500, Fort Worth, TX 76102 0649-9665 / 112300: G1192426, $5,231.00, DP 05-3039, Inspection, , Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 L . ***EXECUTED IN DUPLICATE*** Premium: $3,703. Bond No.: 6399475 Development: RA05-1188 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment). (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to .install and pay for street, drainage and other improvements on, or along .summer Lake - Road* to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Shea Homes Limited Partnership as Principal and Safeco Insurance** a corporation organized under the laws of the State of_Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators; successors and assigns to the County of.Contra Costa, California to pay as follows: A. Performance: Seven Hundred Forty Thousand Six Hundred Nineteen and No/100 Dollars ($ , 740,619.00 )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Three Hundred Seventy Four Thousand Fifty and No/100 Dollars ($ 374,050.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: , A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and - abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on'it or its.; art, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save Harmless the County of Contra Costa or city assignee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. *Improvement Agreement RA05-1188- Cypress Road/Sandmound Blvd. **Company of America STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On March 27,2006 before me, Laurel Wilson,Notary Public, personally appeared Matthew J.Henry and Donald A.Hofer ,personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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. WITNESS my hand and official seal. L. WILSON COMM.#1468544 NOTARY PUBLIC-CALIFORNIA Signature: ALAMEDA COUNTY n COMM.EXP.MARCH 4,2008 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 Document Title/Type Improvement Security Bond for Road Improvement Agreement(96399475) Document Date: 3/16/06 Number of Pages 2 Signer(s)Other Than Named Above: Safeco Insurance Company of America Capacity(ies) Claimed by Signer(s) Signer's Name: Matthew J.Henry&Donald A.Hofer Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: _Limited _General _ Attorney-in-Fact _ Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MARCH 16,2006 before nte, MARIA LUISA R.AGUINALDO, NOTARY PUBLIC PERSONALLYAPPEARED VICTORIA M. CAMPBELL personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s i e su scribed to the within instrumer and acknowledged to me that h she/ ey executed the same in his er/t it authorized capacity(ies),and that by hiwilt, eir signature(s)on the instrument the person(s), or the entity upon ehalf of which the person(s)acted, executed the instrument. MARIALUISAR.AGU NAIAO COMM.01406174 WITNESS my hand and official seal. NDTN?YRBIIC-CNJFCRW W M)Comm.6V.Mnh 18, 2007 Signature L a This area for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SAFECO INSURANCE COMPANY OF AMERICA SIGNER(S)OTHER THAN NAMED ABOVE 0-1232(REV.510 1) ALL-PURPOSE ACKNOWLEDGEMENT POWER Safeco Insurance Companies OF ATTORNEY PO Box Seattle,WA WA 98124-1526 KNOW ALL BY THESE PRESENTS: No. 10688 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *******************MARIA LUISA AGUINALDO;VICTORIA M.CAMPBELL;EDWARD N.HACKETT,JOHN D.MILLER; Santa Ana,California;NOEMI QUIROZ;MICHAEL R.SZOT,Los Angeles, its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of December 2005 STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS PRESIbENT SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." [,Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 16th day of March 2006- SEAL 006SEAL e 5£AL A dy a x STEPHANIE DALEY-WATSON,SECRETARY Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF