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HomeMy WebLinkAboutMINUTES - 06272006 - C.12 SE L TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o �r �." ;� Costa1 DATE: June 27, 2006 TA-COU1i County, SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara Road and Windemere Parkway, RA 05-01191 (cross-reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 05-01191 (cross-reference Subdivision 05-08957), approving the Road Improvement Agreement for project being developed by Windemere BLC Land Company,LLC,San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: N/A BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 05-01191 has been reviewed and processed by the Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Agreement will not be approved and the road improvements will not be completed. Continued on Attachment: / SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF B ON G M77 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct vo OF SUPERVISORS / copy of an action taken and entered on the UNANIMOUS(ABSENT Ci ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: Originator: Public Works(ES) ATTESTED: Contact: Teir Rie(313-2363) TR:cmm JOHN CULLEN; Clerk of the Board of G:\EngSvc\BO\2006\06-27\RA 05-01191 BO-15(DV).doc cc: Public Works-G.Paduveris,Construction Supervisors and County Administrator Current Planning,Community Development T—April 27,2008 Windemere BLC Land Company,LLC Attn:Cathy Taylor 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 By _,Deputy The Continental Insurance Company 2405 Lucien Way,5'Floor Maitland,FL 32794 Attn:Jane Kepner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 27, 2006, by the following vote: AYES: Uilkema, Piepho,DeSaidnier, Glover and Gioia NOES: None _-_A lSENT_None ABSTAIN: ]None — ---- --------- --- RESOLUTION NO. 2006/ 7" SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara Road and Windemere Parkway, RA 05-01191 (cross-reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Camino Tassajara Road and Windemere Parkway, road acceptance file RA 05-01191 (cross-reference Subdivision 05-08957), property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within two year(s) from the date of said agreement. Improvements generally consist of utility relocation,storm drain installation,road widening,road paving,traffic signal installation,and striping. 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 taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact: Teri Ric(313-2363) TR:cmm G:\EngSvc\Bo\2006\06-27\P,A 05-01191 Bo-15(Dv).doc ATTESTED: Va.W cc: Public Works- Construction Current Planning,Community Development JOHN CULLEN,Clerk of the Board of Supervisors and T—April 27,2008 Windemere BLC Land,Company,LLC County Administrator Attention Cathy Taylor 6121 Bolinger Canyon Rd.,#500 San Ramon,CA 94583 The Continental Insurance Company 2405 Lucian Way,5'h Floor By _ ,Deputy Maitland,FL 32794 Attn:Jane Kepner RESOLUTION NO.2006/ SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara Road and Windemere Parkway,RA 05-01191 (cross-reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: June 27, 2006 PAGE: 2 I. Cash Bond Performance Amount: $25,700.00 Auditor's Deposit Permit No. DP 465254 Date: June 8, 2006 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 Fill in appropriate choice (delete the other) *will almost always be surety bond*: II. Surety Bond Bond Company: The Continental Insurance Company Bond Number and Date: 929 396 216 May 19, 2006 Performance Amount: $2,541,300.00 Labor&Materials Amount: $1,283,500.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTIONNO. 2005, e ROAD IMPROVEMENT AGREEMENT Developer: VAI I A A#_M e. 5(„C Land- eo Ll-C— Effective Date: Developmlent:_Rn <« Completion Period: 2 years /n Road: i LtYV l,nu WINDEMERE BLC LAND COMPANY,LLC v Q r A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER ;By:Lennar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member By. (sign ature) ��/� (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL By: (signature) Engineering a ice D isio (print name&title)Erik S.Brown,Asst.Secretary FORM APP9OVED: Victor J.Westin CountyCounsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain rod improvements(both public and private),drainage improvements,signs,street lights,fire a 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 plans,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: $ 02 S 7 0 0 , 0 U cash,plus additional security,in the amount of$ a�54(, 3130_ U 0 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. k 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$l 243 5Q0.y(),which is fifty percent(50%)of the estimated cost ofthe work- Suchsecur tyis presented in the form of Cash,certified check,or cashier's check _) Acceptable corporate surety bond- Acceptable ondAcceptable 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 S944.406 and S944.408 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 964.6,"Acceptance,". of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On May 26, 2006, before me, Karen L. Keenan,Notary Public, personally appeared Brian G. Olin& Erik S. Brown, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Commission# 1378827 Notary PubBc - California Sign ture of Notary Pu is Contra Costa County My Comm.Expires Oct 7, �.§,� t.t:fa�.�P`"t���1+.•:s1 Com*, : , � s' _ s+, COUNTY OF CONTRA COSTA r fi DEPOSIT PERMIT !OFFICE!,OF COUNTY'AUDITOR-CONTROLLER MARTINEZ,,CALIFORNIA 7NE?RASu ER: �ECOVEp FROM Public Woeks ORGANIZATION NUMBER 650 Y o ` (Foi;Casfi Collection Procedures See County,Administrato`r's`Bglletin 105.) 'DESCRIPTION FUND%ORG SUB,; :TASK OPTION. ,'ACTIVITY AMOUNTACCT ' y A $ Inv 912128 004660 9595 REV . 6X2901. 2;652 5,1 �,.. 6X2917 6X2920 .11,925:63; �. 6X2921 768:16 t . . . , 6X2922 1,;232 10 . 6X2926 919 1.7;I. 6X2935 6;133 9U Trust Fund 19800-0800 28,018 00 .:828800 . 4_ 52:00 I' 821.500' 28:00 0649. 9665 Op 75;202.67 N 000638 9752' 265.00 . - • i EXPLANATION; . TOTAL .." $ DEPOSIT Deposit consists of the following Items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ : BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT. DR NUMBER DATE (. 0 . . ... ASSIGNED The.amount of money described above is for `Treasurer's receipt of above amount Is Receipt of above amount is hereby acknowledged deposit Into the County Treasuy • �t SI�ed �t9F�,Lt' ate lEf=l f' 1, S, � Signed"r D-$4'Rev.(7-93) uditoc De Coun A Deun T Coreasurer a ., Ar r F t 0638-9752 / 124300: 61201755, $265.00, South Walnut Creek AOB Fees, Beisheim Lane, LLC, 114 Ready Road, Walnut Creek, CA.94598 828800-0800: 61201756, $52.00, Tri Valley AOB Fees, WFO Developers, PO Box 5426, Walnut Creek, CA 94596 821500-0800: G1201756, $28.00, SCC Reg AOB Fees, WFO Developers, PO Box 5426, Walnut Creek, CA 94596 819800-0800: G1201432, $25,700.00, RA 1191, Cash Bond, Windemere BLC Land Company LLC, .6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 819800-0800: G1201435, $2,318.00, MS 04-0020, Cash Bond, Matt Beinke c/o Oak Gate Properties, PO Box 807, Danville, CA 94526 0649-9665 / 112300: 61201734, $1,250.00, SD 90-07562, BA 14573, Reimburse for transfer to LP 06-2003 (048E) JV06-6168 5/25/06, Shea Homes Norther CA Division, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 / 112300: G1201748, $845.67, LP 94-02080, BA 16203, COA/076A, T.A. Shulgin, PO Box 803, Martinez, CA 94553 0649-9665 / 112300: G1201430, $4,075.00, Sub 8933, Final Map Check, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61201431, $5,000.00, RA 1209 Structure Improvement Plan"Review, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: 61201432, $50,000.00, RA 1191, Inspection Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 Executed in Duplicate Bond No.: 929396216 Developmeut: RA 1191 Premium: $12,707.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT ACREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1191 to complete said work within the time specified for completion i<z the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Windemere BLC Land Company, LLC ,asPrincipal and The Continental * , a corporation organized under the laws of the State of Smith f'.arnl i nn , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows, A. Performance: Two million five hundred forty one thousand three hundred and 00/100 Dollars ($ 2,541,300.00 1 for itself or any city assignee under the above County Road Improvement Agreement,plus R. Payment: One million two hundred eighty three thousand Hyt- h„ndri-d and 00.1100 Dollars ($ 1,283,500.00 ) 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 Pnncipal, 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 to the said agreement and any alteration thereof made as therein provided on it or its part, 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. * Insurance Company Bond No. 929396216 WINDEMERE BLC LAND COMPANY,LLC., a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By: Brian G. Olin, Vice President By: Gy%✓6 Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On May 22, 2006, before me, Karen L. Keenan,Notary Public, personally appeared Brian G. Olin& Erik S. Brown, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEEN13788` _ Commission# 1378827 ' Notary Public =California.:_ Sig ature of Notary blic Contra Costa County My Comm.Expires Oct 7,2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On May 19, 2006 before me, T. England, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)OF SIGNER(S) ® 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 T ENGLAND signature(s) on the instrument the person(s), or the entity upon CommIS,,.. # 1657153 behalf of which the person(s) acted, executed the instrument. Notary PUbIIC - California Orange County My Comm.Expires Apr 9,201 WITNESS myApncl and offici I eal. 6 SIGNATURE OF NOTARY 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 OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ^ ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Tlie'Continental Insurance Company;!;South Carolina corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mike Parizino,Linda Enright,Rhonda C Abel,.James A Schaller,Janes Kepner,Patricia H Brebner, Alexis H Bryan, Jeri Apodaca,Ashley K Ward,'Individually of Los Angeles,CA,its true and lawful Attomey(s)�,in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its 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 the corporation 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 Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of September,2005. •'iN"•• • The Continental Insurance Company 41 :� io ` M • '"�'"'`'�• Michael Gengler Senior 7ce President State of Illinois,County of Cook,ss: On this 2nd day of September,2005,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a South Carolina corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Iike authority,and acknowledges same to be the act and deed of said corporation. "OFFICIAL L. ; MAW M,1►MEMA � .i Notary SUN oHKM* dtS40aMYC • _�;��I�./ My Commission Expires March 15,2004 Maria M.Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina 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 corporation 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 corporation this 19th day of May 2006 1NSU.., The Continental Insurance Company :Z b� •`'��'`"!•"*��• Ma A.R ika ki� Assistant Secretary ry Form FG&50-11/2001 Carlson, Barbee Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 5/12/2006 BOND ESTIMATE JOB:462-00 N4 CAMINO TASSAJARA ROADWAY IMPROVEMENTS RA 1191 CONTRA COSTA COUNTY,CALIFORNIA Item Description Quantity Unit Unit Price Amount CONSTRUCTION COSTS STREET WORK 6 Existing Pavement Removal 56,520 SF $ 0.24 $ 13,564.80 7 Sawcut Existing Pavement 300 LF $ 4.00 $ 1,200.00 8 6"AC Paving 167,910 SF $ 2.95 $ 495,334.50 9 22"Aggregate Base '167,910 SF $ 6.23 $ 1,046,079.30 10 2"AC Overlay 7,570 SF $ 1.50 $ 11,355.00 11 Wheelchair Ramps 2 EA $ 3,000.00 $ 6,000.00 12 5'Sidewalk. 2,260 SF $ 5.50 $ 12,430.00 13 Curb and Gutter(S1-6,w/subdrain) 1,140 LF $ 16.00 $ 18,240.00 14 6"AC Berm 330 LF $ 6.00 $ 1,980.00 15 Street Monuments 3 EA $ 1,000.00 $ 3,000.00 16 Driveway Conforms 5 EA $ 5,000.00 $ 25,000.00 17 Driveway Aprons 4 EA $ 1,000.00 $ 4,000.00 18 Remove and Replace Dwy Culvert 1 EA $ 1,500.00 $ 1,500.00 1.9 Culvert Extension(18"CMP,5'long) 1 EA $ 500.00 $ 500.00 20 Barricade(Type Ill) 1 EA $ 750.00 $ 750.00 21 Traffic Signs 24 EA $ 500.00 $ 12,000.00 22 Striping 2,175 LF $ 15.00 $ 32,625.00 23 Traffic Signal 1 1-5 $ 200,000.00 $ 200,000.00 Subtotal $ 1,885,558.60 STORM DRAIN 25 Catch Basin(Type A) 4 EA $ 1,700.00 $ 6,800.00 26 Catch Basin(Type A over type f manhole base) 2 EA $ 2,700.00 $ 5,400.00 27 Catch Basin(Type A over type 11 manhole base) 2 EA $ 3,200.00 $ 6,400.00 28 Catch Basin(Type B w/type Cinlet covers) 1 EA $ 2,100.00 $ 2;100.00 29 Field Inlets(Type C over type 1 manhole base) 3 EA $ 2,800.00 $ 8,400.00 30 Field Inlets(Type C over type It manhole base) 5 EA $ 3,300.00 $ 16,500.00 31 Manhole(with type fl base) 6 EA $ 2,500.00 $ 15,000.00 32 18"Storm Drain Pipe(RCP) 570 LF $ 86.00 $ 49,020.00 33 24"Storm Drain Pipe(RCP) 130 LF $ 114.00 $ 14,820.00 34 30"Storm Drain Pipe(RCP) 760 LF $ 143,00 $ 108,680.00 35 36"Storm Drain Pipe(RCP) 1,300 LF $ 162.00 $ 210,600.00 36 Tie to Existing Storm Drain 2 EA $ 1,500.00 $ 3,000.00 37 Inlet Label 16 EA $ 80.00 $ 1,280.00 Subtotal $ 448,000.00 I? F SS,Q SUBTOTAL CONSTRUCTION COST QpINN OS $ 2,333,558.60 10%CONTINGENCY CIO 0.6 Z $ 233,355.86 M m TOTAL CONSTRUCTION COST(to nearest 81,000) * $ 2,567,000.00 windemere 462-00TH05MRA 1191%CCCPM80nd-008-CCCpw:z1s Page 1 '� Q��p Updated; 10212006 6111 BOLLINGER CANYON ROAD,SUITE 150•SAN RAMON,CA 94583•(925)866-0 OF )B66-8575 www.cbandg,com SAN RAMON•LATHROP