HomeMy WebLinkAbout4.03 AcceptanceWkTr5003
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: November 24, 1986
SUBJECT:
Acceptance of Work - Tract 5003
Authorization for Staff to Accept Maintenance Bond
EXHIBITS ATTACHED:
1) Resolution
2) Location Map
3) Maintenance Bond
RECOMMENDATION:
~ti "
2)
Adopt resolution to accept the work completed in Tract
5003
Authorize Staff to accept maintenance bond in
connection with guarantee of work.
FINANCIAL STATEMENT:
A bond in the amount of $17,000 to guarantee against defects
for one year has been provided to the City. No immediate
maintenance cost will be incurred other than street lights
and aweeping.
DESCRIPTION:
All wor~ in connection with the subject tract has been completed in accordance
with the terms of the subdivision contract, and acceptance of the work is now in order.
Pertinent information concerning the tract is as follows:
a) Subdivider: Kaufman and Broad
b) Tract Location: East of Silvergate Drive.
c) Tract Size: 7 lots
d) Resolution approving Final Map: No. 84-84 City Council of Dublin
e) City streets affected: Alegre Drive.
At the time the City and the subdivider executed the contract for the Tract
improvements, the subdivider was required to provide a performance bond in the amount of
$68,000 to provide the necessary security for the performance of the work involved. As
the work is now completed, the performance security requirement can be reduced, in
accordance with the authority contained in Section 66499.7 of the Government Code, to an
amount necessary to guarantee maintenance of the.work for a one-year period following
acceptance of the work. The subdivider has provided a new maintenance bond in the
amount of $17,000, which is 25% of the original bond required, and which is sufficient
to cover the one-year maintenance guarantee period.
It should be noted that the Final Map for Tract 5003 was approved by both the
City of Dublin and Alameda County. The Tract is now totally within the City limits due
to annexation. Acceptance will be given by the County Board of Supervisors upon
acceptance by the City Council.
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RESOLUTION NO. -86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FOR THE ACCEPTANCE OF IMPROVEMENTS
TRACT 5003
.
WHEREAS, the owner-subdivider of the aforesaid tract previously
entered into a contract with the City of Dublin to improve said tract in accordance
with plans and specifications on file with the City Engineer, said tract identified
as follows:
a) Subdivider: Kaufman and Broad
b) Tract location: East of Silvergate Drive.
c) Tract size: 7 lots
d) Resolution approving Final Map: No. 84-84 City Council of Dublin
e) City streets affected: Alegre Drive
WHEREAS, said improvements have been completed in accordance with
said plans and specifications, and any approved modifications thereof, to the
satisfaction of said City Engineer of the City of Dublin; and
WHEREAS, as a condition of said contract, the subdivider is required
to guarantee the improvements and to maintain the completed work for a period of one
year following acceptance of the work by the said City of Dublin; and
WHEREAS, as the tract work is.lWw completed, the original
performance bond security requirement can be reduced, in accordance with the
authority contained in Section 66499.7 of the Government Code of the State of
California, to an amount found necessary to guarantee maintenance of the completed
work for the aforesaid one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed within the said tract be, and they are
hereby approved and accepted subject to the aforesaid one-year guarantee; and
2. The aforesaid original performance bond security requirement be
reduced from the amount of $68,000 to a revised security requirement in the amount
of $17,000 upon acceptance by Staff of the replacement maintenance bond in the said
amount of $17,000 as security for the aforesaid one-year guarantee period, and the
Mayor of this City Council be, and he is hereby authorized and directed to execute
the said bond on behalf of the said City of Dublin; and
3. The said original performance bond in the amount of $68,000
posted in connection with the work involved in the construction of the said tract be
hereby released upon acceptance of said maintenance bond.
PASSED, APPROVED, AND ADOPTED this 24th day of November, 1986.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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► suaaivcF �o RECQIVED
An-ierican Casualt Cum an
irNA y p YOCT 2 219$6
of Reading, Pennsylvania
PUBLIC WORKS
CNA Plaza Chicago, Illinois 60685 Bond No 926 32 89-A.
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS.That we KAUFMAN & BROAD OF NORTHERN CALIFORNIA, INC.
•
as Principal, and American Casualty Company of Reading, Pennsylvania a Corporation organized under the laws of
the Commonwealth of Pennsylvania and duly authorized to do business in the
State of CALIFORNIA ,as Surety,are held and firmly bound unto COUNTY OF ALAMEDA
as Obligee, in the penal sum of Seventeen Thousand & no/100
($ 17,000.00 )
to which payment well and truly to be made we do bind ourselves,our and each of our heirs,executors,administrators,
successors and assigns jointly and severally,firmly by these presents.
WHEREAS,the said Principal entered into a contract with the
dated
for
Tract 5003
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period
of year(s)after approval of the final estimate on said job,by the owner,against all defects in workmanship
and materials which may become apparent during said period,and
WHEREAS,the said contract has been completed,and was approved on
day of 19
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become
apparent during the period of One year(s)from and after October 3, 1986
then this obligation shall .- oid,otherwise to remain in full force and effect.
SIGNED,SEALED AND DATED October 3, 1986. /
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-- 1144 Fa (L.S.)
/ (L.S.)
PRINCIPAL(S) (L.S.)
American Casualty Company of
% 'Readies:Feftrisyfvania
by �f
Brunetta Armstrong, - 1 ` Attorney-in-Fact
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Form 8-23210-A
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American Company _ -
ot•Reading, P-nnyIvania -_ -. - . _
CNA
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._
Offices/Chicago,Illinois .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a corporation duly organized and
existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and
State of Illinois,does hereby make,constitute and appoint Charles E. Phillips, Brunetta Armstrong,
Individually
of San Bruno, California
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds, undertakings and
other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney,
pursuant to the authority hereby given are hereby ratified and confirmed.
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 President or 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 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 11th day of November, 1966: -
"Resolved,that the signature of the President or a 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•fascimile to any certificate of any such power, and any power or certificate bearing such facsimile
signatures 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."
In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by its Vice
President and its corporate seal to be hereto affixed this 1 bith day of April . 19 85
• °kt, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
State of Illinois ) f' 'a' x /�i\
County of Cook J ssC3714I
wur
`'`1%?
+'a^ J. E. Purtell Vice President.
On this 18th day of April , 19 85 , before me personally came
J. E. Purtell; to me known,who, being by me duly sworn, did depose and say:that he resides in the Village of
Glenview State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,
the corporation described in the 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 like authority,and acknowledges same to be the act and deed of said corporation.
s O ^
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NOTARY j,/�/
PUBLIC
O
,,,c...0. - eslie A. Smith Notary Public.
CERTIFICATE My Commission Expires November 12, 1986
I, P. F. Granahan , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do
certify that the Power of Attorney herein above set forth is still in force,and further certify that Section 2 of Article VI of the By-Laws of the Company
and the Resolution of the Board of Directors,set forth in said Power of Attorney arm still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said Company this r day of
October , 19 86 • y
, ( 7( _ `P. F. Granahan Assistant Secretary.
8-23142-D
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