CC - Item 4H - Staff Report - Release of Bonds O -y
t ; i staf epor
TO: FRANK G. TRIPEPI, CITY MANAGER/ �/
FROM: KEN RUKAVINA, CITY ENGINEER07
DATE: MARCH 17, 1998
RE: RELEASE OF BONDS - TRACT MAP NO. 52106
3413-3421 BARTLETT AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to guarantee
construction of street improvements, water and, sewerage, and drainage facilities, and
setting of survey monuments, required for the development of the subject tract map. The
total amount submitted to ensure the required improvements was $142,000.
The City Engineer has inspected the improvements and has found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a map which
indicates the location of the tract.
RECOMMENDATION
It is recommended that the City Council :
1. Accept the public improvements.
2. Release the bonds for the public improvements for Tract Map No. 52106.
Attachment
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rp` 01152002
° COUNCIL AGENDA
MAR 2 41998
ITEM
No.
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this iy-day of A447 , 19 96, by
and between the CITY OF ROSEMEAD, State of California, acting by and through
its City Council, hereinafter referred to as "CITY" and
IoM Y. LEE
(NAME)
is-p9 s. 5g.. Cigh,•4 Siva. 54n Cub,/41, 6H 9/774
(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 Tract No. 52106 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:
Construction of all streets, public ways, sanitary sewerage and drainage
facilities, water system, setting of survey monuments and all related facilities,
and such other improvements required by the ordinances of the City of
Rosemead.
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 in accordance with plans and specifications on file in the office
of the City Engineer is as shown on Attachment "A."
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 performance 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, as specified in Attachment"A,"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, as specified in Attachment "A," 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 necessary to 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 day as
above indicated. ///� ,�
By
President
By
Secretary
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By )97/AA-1.4L-c..4-)4 C�a--Q—
Mayor
of the City of Rosemead
Attested `��cr
Cil Clerk
of the City of Rosemead