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CC - Item IV.CC-D - Approval Of Undertaking Agreement For Parcel MapiVA TO: FRANK G. TRIPEPI, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER V DATE: FEBRUARY 5, 2002 RE: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26259 8925 -8929 BEATRICE PLACE Attached for consideration and approval is an Undertaking Agreement forthe installation of a sewer house lateral, drive approaches, curb, and gutter. Faithful Performance and Labor and Material Bonds have been submitted in the amounts of $5,600 and $2,800, respectively. Pursuant to the Subdivision Map Act, the subject parcel map does not require City Council approval. RECOMMENDATION Approve the undertaking agreement for installation of the sewer lateral and right -of -way r; improvements. Attachment 2002rsmd /staff rpt/city FEB 12 2002 ITEM fed. 1 4, e6 L� CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this ?. D day of JG , 20oL, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and L I Q ( G j G� (NAME) ZS 'S u. . a1 1 i »r LP pt-r,�� (ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Parcel Map 26259 hereby agrees, at the CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment necessary to perform and complete, and within twenty -four (24) months from the date of filing of said map, to perform and complete in a good and timely manner, the following work, to wit: Drive approaches, curb and gutter, AC paxement, and sidewalk, c yL& Said work shall be done to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council of the CITY. The estimated cost to do all work and furnish all materials necessary to complete the work is $5,600 SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his agents, or employees, in performances of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, in performance of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, from any and all claims, demands, causes of action, liability, or loss of any sort because of, or arising out of, the acts or omissions of the CONTRACTOR, his agents, and employees, in the performance of this agreement, or arising out of the use of any patent or patented article, in the perfbrmance of said agreement. THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond, and to the agents, employees, and CONTRACTOR or either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work. This permission shall terminate in the event that the CONTRACTOR or the Surety has completed the work within the time specified or any extension thereof granted by the City Council. FOURTH: It is further agreed that the CONTRACTOR shall have the control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement. FIFTH: It is further agreed that the CONTRACTOR has filed with the CITY a Surety Bond in an amount equal to at least one hundred percent of the estimated cost of this work for the Faithful Performance of this agreement; and a separate Surety Bond in an amount equal to at least fifty percent of the estimated cost of this work for the payment of all persons performing labor and furnishing materials in connection with this agreement. If the Sureties on said Bonds, in the opinion of the CITY, become insufficient, CONTRACTOR agrees to renew said bonds with good and sufficient Sureties within ten (10) days of the receiving notice that said Sureties, are insufficient. SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the time specified, or within such extensions of said time as have been granted by the City Council, or if the CONTRACTOR violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contract. The City Council shall have the power, on recommendation of the City Engineer, to terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter occur because of such default. The determination by the City Engineer of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and any and all other parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. SEVENTH: In case suit is brought upon this contract, the CONTRACTOR hereby agrees to pay to the CITY a reasonable attorneys fee to be fixed by the Court. EIGHTH: It is further agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessaryto extend the time of completion of the work contemplated to be done under this contract, said extension may be granted by the City Council, either at its own option, or upon request of the CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of this agreement and affix their names, titles, and seals this dayas above indicated. By ✓/ �Ci sC (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) a Mayor of the City of Rosemead Attested City Clerk of the City of Rosemed CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l County of l L �� {�� 1 ss. On C �� � i C'- , before me, Date personally appeared ❑ personally known to me 05 to me on the basis of satisfactory evidence JACQUELYN KWOK Commission # 1247119 Notary Public - California Los Angeles County MyComm.BpkmDec26, Place Notary Seal Above 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 -mx hand and official se I. V Sigr&l of N 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT.THUMBPRINT . CIF SIGNER Number of Pages: 0 1999 National Notary Aloociation • 9350 De Soto Ave., P.O. Box 2402 • Chztsvionh, CA 91313 2402 • w oatiunalaotmy mg Prod, No, 5907 Reorder. Call Tall -Free 1- 800 - 878882] CITY OF ROSEMEAD Bond Number: 133818 Premium:$300.00/ 1 Year BOND FOR FAITHFUL PERFORMANCE (Subdivisions) WHEREAS, the City Council of the City of Rosemead, State of California, and Li Chau Ma (hereinafter designated as "PRINCIPAL ") have entered into an undertaking agreement whereby PRINCIPAL agrees to install and complete certain designated improvements, which said agreement, dated 19 and identified as Parcel Map 26259, is hereby referred to and made a part hereof, and WHEREAS, said PRINCIPAL is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the PRINCIPAL and the undersigned as surety, are held and firmly bound unto the City of Rosemead, hereinafter called ( "CITY"), in the penal sum of Five Thousand Six Hundred Dollars ($5,600) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded PRINCIPAL his or its 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 there provided, on his or their 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 indemniV and save harmless CITY, 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. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable attorneys fees, incurred by CITY in (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in anysuit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, it does hereby waive notice of any such change, extension, alteration or addition, and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies the City of Rosemead may have. IN WITNESS WHEREOF, this instrument has been duly .executed by the PRINCIPAL and surety above-named, on January 25 , 20 02. Li Chau Ma '-'Z ±Z IZ I- I Principal Principal ALL SIGNATURES MUST BE American Co raactors ndemnity Company- WITNESSED BY NOTARY Surety T tti, Attorney In Fact A --American Contractors Indemnity Company 9841 Air - port Blvd., 9th Floor, Los Angeles, California 90045 11 e 1 7 8 ` - POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: i That American Contractors Indemnity Company of the State of Califomia a Califo'rrua corporation does hereby appoint, Christopher.Rizzotd of Pasadena, CA Its true and lawful Attorneys) m Fact with full authority to execute on its Behalf bonds, undertakings . ecognizances and other contracts of indemnity and writings obligatory in: the'nature' thereof, issued in the course of its business and to bind the ,Company thereby, in an Amount not to exceed $ :, !' "11500,000.00iDollars " " "'"' This.Power of A orney s tthall, expire withbut; further action on January 16, 2003 j This Power of Attorney'ts granted and is signed and sealed by facsimile under and by the authonty of the following • Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a;meeting duly called and held on the 6th day of December - 1990: T �.`zi'h G ri 'j"' .`�, d'� •� 7 .r F h .a , -�r�. i a� ! -i 5, 'RESOLVED hat the Ch,ef6xecuhve Officer President or any 1rc'e President Executive Vice President Secretary or Assistant Secretary, shall have thepowe - an d i +_� ,�, �, � >l �� To appoint Attorneys) m Fact and to authorize them to execute an behalfofthe Company,and attach the sealbfthe Company thereto e..._yi ,...A....,l,. X..fn .. ,..,.. r..,... re., f:., deG..... e.... ..l�.,rAe.•.:..r:..,,o-nA /innm,v rnrAo nnmrorAa.on /'nnd _ -, -. .. -:. tf.s « rG.•. cn K 2 To remove atart Nme any such Attorney4n fact and nI the authgriry given ,i: j - RESOLVED FURTHER that the signatures`of such offices and 8/e seal,of the Company may be affixed io 're latin g byf y. f « Y � .f g� ./, to 8 relatin thereto acsimi(e and an `such Power o Attorge or cerh icate bearm such acsimile si nai ('binding . upon. the Company`and any such power so execute d an d : cert fed: by facsimi /e 'signatures'and facsiimii i .Conipany1n the future with respect to'any bond or- undertaking to which rt isattached -'. N WITNESS WHEREOF American Contractors Indemnity Company has'caused its seal to.6 President on the 1st day of September 2000` • w 74 AMERICAN CONTRACTORS D m 3 INCORPORQEO rt SEPL 261990 �a. ( ° a 7 ucGl1FOP v Andy Jr.- a I instru; S � t f: •'4 . . .. ndy T. Faust Jr Co President of?.mencan Conti tors indenuuty •f.;, .; ei descnbed herein and acknowledged that he executed the fore} �g thority of his office 4 n ' DEBORAH REESE _. Commission #j 205480 a :, ,�� Notary Public = Cafifomla:` s c v i + �- die c `117 ` las An geles County D boranReese;Notary - ..,a- „,._ ,., . "" .,.' .��,. ,yMCOmm.EIresJant6.2003 1, JAMES H. FERGUSON Corporate Secretary of American-Contractors'Indemnity Company; do hereby certify' that the Power of o.. Attorney and the resolution adapted By the Boazd of Directors of said Company as set fortli above are 'tnib,and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in fall force and effect.', IN WITNESS HEREOF, I have hereunto set my hand this day of 200 Bond No. 11- 13 en4sf00eL� Agency No. #9011 JAMES H. FEkGUS6N,11orporate Secretary rev. POA04 /20101 s 1;,,_ t o • o � e s a CALIFCRNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On ""`' " 2/002 before me, Debra K . Bell, Notary_ Public 0a1e Name and Title of Officer (e.g., - Jane Doe. Notary Put:W) personally appeared Christopher J. Rizzotti Name(s) of Sngnegs) 3 E personally known to me - X 1W X _ to be the person(5) whose name(a) is /annubscribed to the within instrument and acknowledged to me that he /gip executed the DE52A Kam` BELL same in his /I> it authorized capacity(iW, and that by ccmm sign # 12.:736 his /b signature(g) on the instrument the person(tj, -Notary ftbk-Ca6forda or the entity upon behalf of which the person(a) acted, SOS cam y R executed the instrument. N9ycomm. Julm,4,� WITNESS my hand and official seal. Signature of Notary Puohc �' OPTIONAL Though the information below is not required bylaw, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(kn) Claimed by Signer(s) Signer's Name: Christopher J. Rizzotti ❑ Individual Corporate Officer Title(s): Partner Limited General Attorney -in -Fact Trustee Guardian or Conservator ;- ❑ Other. Top of thumo here Signer Is Representing: American Contractors Indemnity Company Signer's Name: r Individual Corporate Officer Title(s): Partner —" Limited -_� General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing u- Top of thumo here 0 1995 Natwnal Notary Association • 6236 Remmet Ave.. PO. 3o. 7184 - Canoga Par.. CA 91009.7184 Prod. No. 5907 Reamer. Curl Too -Free 1.600.676 -6827 Bond No. 133818 CITY OF ROSEMEAD Premium: Included In Performance BOND FOR LABOR AND MATERIALS (Subdivisions) WHEREAS, the City Council of the City of Rosemead, State of California, and Li Chau Ma (hereinafter designated as 'PRINCIPAL ") have entered into an undertaking agreement whereby PRINCIPAL agrees to install and complete certain designated improvements, which said agreement, dated 19 and identified as Parcel Map 26259, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rosemead to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said PRINCIPAL and the undersigned as surety, are held firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Thousand Eight Hundred Dollars ($2,800), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. The surety hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any of the remedies the City of Rosemead may have. IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and surety above - named, on January 25 , 20 02 ALL SIGNATURES MUST BE WITNESSED BY NOTARY Li Chau Ma ���iG r fGJ Principal Principal AMERICAN Surety INDEMNITY COMPANY J. Rizzotti, Attorney In Fact CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 2 5 2002 Cale Namafsl of Signeqs) IL personally known to me – _ to be the person(5) whose nameN) is /subscribed to the within instrument and acknowledged to me that he /may executed the same in his /tapir authorized capacity(W, and that by DBQA K CSl his /h ssi nature on the instrument the erson 9 (� person(*, PbtcnJ J Pubic Canicxnx, s or the entity upon behalf of which the person( acted, *" tos AngD:CS ccunty q executed the instrument. .z MyC�rnn.`ap7�.1:f3�,�3 WITNESS my hand and official seal. before me, Debra K . Bell, Notary_ Publi Name and Title of Officer (e.g., 'Jane Coe. Notary Public') personally appeared Christopher J. Rizzotti � Signature of Notary Pubic � 1 . 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: Document Date: Signer(s) Other Than Named Above: Capacity( m) Claimed by Signer(s) Signer's Name: Christopher J. Rizzotti Individual Corporate Officer Title(s): Partner — I Limited Attorney -in -Fact Trustee General Guardian or Conservator Other: Signer Is Representing American Contractors Indemnity Company HIGHr7HUM8P77 Number of Pages: Signer's Name: Individual Corporate Officer Title(s): C Partner — El Limited D General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRW .. OF SIGNER! r, 0 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Pam CA 91309.7184 Prod, No. 5907 Reorder: Call Toll -Free 1.800.876.6827 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California 1 County of Z, I/ Ai 'G Lis Jl ss. On 4' O / , before me, Data personally appeared Name and Dife of Officer (e.g., `Jane . ❑ personally known to me droved to me on the basis. of satisfactory evidence JACQUELYN UWpK COMMWM � _ caftffft 1 *C=MB0es 26Dee 2n3 Place Notary Seal Above 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 - m hand and official sg: Sigbature of riotar, 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: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual e Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Associalun • 9350 Do Soto Ave.. P.O. Box 2402 • Clutswoim, CA 91313-2402 • xw MMomdnolti , Prob. No. 5907 eeader. Call Tol 1- 800- 876683r CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California 1 County of Ci -e L j ss. On 6j �' U before me, :j1jCIx( 6tVi - Dal _ Name and Tiqfi of ORcer(eg., personally appeared ❑ personally known to me 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. Race Notary Seal Above WITNESS_my, hand and official se #I Sg daftee 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHDMBPRINT OF SIGNER` 0 1999 Nancral Notary Assodatan • 9350 De SaW Ave.. P.O. Box 2402 • Chatiwor@. CA 913132402 • w daWnalnotar, orb Pmtl. No 5907 Reorder Call TW -Free 1 800 8766 7 C. RESOLUTION NO. 2002 -10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CASTING ITS VOTES FOR WEST COVINA COUNCILMEMBER MIKE MILLER AS ALTERNATE MEMBER TO REPRESENT CITIES WITHOUT PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002 -10. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Items CC -C and CC -E were pulled for discussion purposes) CC -A AUTHORIZATION TO ATTEND A SEMINAR ON UNDERSTANDING THE CONTROLLER'S FUNCTION, MAY 23-24,2002, FORT LAUDERDALE, FLORIDA CC -B ACCEPTANCE OF BIDS AND AWARD'OF CONTRACT FOR 2001 -2002 STREET RESURFACING ON VARIOUS CITY STREETS AND RESTRIPING OF GARVEY AVENUE aw -D APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26259- 8925 -8929 BEATRICE PLACE CC -F REQUEST FROM LINCOLN TRAINING CENTER TO SPONSOR 18 ANNUAL AWARDS DINNER AND AUCTION — MARCH 9, 2002 CC -G AUTHORIZATION TO ATTEND 24 ANNUAL INTERNATIONAL ASIAN ORGANIZED CRIME CONFERENCE, MARCH 25-29,2002 CHICAGO, ILLINOIS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None CCMIN:2 -12 -02 Page 43 The Mayor declared said motion duly carried and so ordered. CC -C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STREET AND STORM DRAIN IMPROVEMENTS IN OLNEY STREET, RALPH STREET AND HART AVENUE Mayor Pro Tem Bruesch requested clarification on the Dunn and Bradstreet rating for Mike Prlich & Sons, which states that that business discontinued operations in 1999. Robert Kress, City Attorney, explained probably what transpired is that Mike Prlich & Sons sole proprietorship ceased to exist and it became a corporation. That necessitates a change in the licensing whereby the corporation obtains the contractor's license. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN TAYLOR that the Council accept the bids and award the project to Mike Prlich and Sons Inc., in the amount of $464,580.00; waive the irregularities in the bids by Los Angeles Engineering, Inc., and E.C. Construction; and authorize the Mayor to sign the contract on behalf of the City. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -E AUTHORIZE FILING OF A SB 1066 WAIVER FOR A TIME EXTENSION ON THE CITY'S AB 939 COMPLIANCE DEADLINE AND APPROVE CONSULTANT SERVICES AGREEMENT WITH E. TSENG & ASSOCIATES FOR CONTINUATION OF TECHNICAL ASSISTANCE Juan Nunez, 2702 Del Mar, Rosemead, stated that in his neighborhood, no one puts out their recycling bins and that the City cannot meet it's mandated 50% disposal rate. Mayor Pro Tern Bruesch explained that approval of tonight's contract will allow for time extensions to enable other programs to be developed. Mr. Bruesch stated there is a recycling program in place at the schools and we are currently developing a business partnership whereby businesses can begin recycling and buying recycled products. Mayor Imperial stated that Rosemead has met State requirements, but that the State changed their requirements. CCMIN:2 -12 -02 Page A