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CC - Item 3K - Release of Cash Deposit• ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER •~Q„ DATE: MARCH 10, 2009 SUBJECT: RELEASE OF CASH DEPOSIT - PARCEL MAP 60212 (3213-15 BURTON AVENUE) SUMMARY A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of sewer laterals, driveways, and a parkway drain for Parcel Map 60212. In lieu of bonds, a Cash Deposit was issued to the City in the amount of $11,250. Staff Recommendation Staff recommends that the City Council accept the public improvements and survey • monuments and refund the Cash Deposit including interest. ANALYSIS In accordance with the Conditions of Approval for Tentative Parcel Map No. 60212 approved by the Rosemead Planning Commission, the subdivider is required to construct new 'sewer laterals, driveways, and a parkway drain subsequent to recordation of the parcel map. On April 10, 2007, the subdivider executed an Undertaking Agreement (Attachment A) to guarantee completion of the public improvements within two years. In lieu of providing a Faithful Performance Bond and Labor and Material Bond, the subdivider provided a Cash Deposit in the amount of $11,250. The City Engineer has inspected the public improvements and survey monuments and found them to be satisfactory. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by Lucien J. LeBlanc, P.E. City Engineer Submitted by: • Chris Marcarello Deputy Director of Public Works Attachment A: Undertaking Agreement Attachment B: Inspection Record APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. 3K • CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this ~ day of f~ACffl (/V 2007, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter. referred to as "CITY" and (NAME) gi110 (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 60212 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: Construct sewer laterals, driveways and parkway drain. 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 $7,500. • 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 forthe 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: Contemporaneously with the execution of this Agreement, CONTRACTOR shall file with the CITY a Cash Deposit in the amount of Eleven Thousand Two Hundred Fifty Dollars ($11,250) to guarantee faithful performance of all the provisions of this • agreement and forthe payment of all persons performing labor and furnishings materials in connection with this agreement. If the Cash Deposit, in the opinion of the CITY, becomes insufficient, CONTRACTOR agrees to renew said Cash Deposit within ten days of receiving notice that Cash Deposit is 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 attorney's 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 0 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 Y ~Q h \h,~ -1 By (Seal) • Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By 1-1~- the, City of Rosemead / i Attested l/~I City Clerk of the City of Rosemed 0 I 1 ► 1~ ~~M a 1 kit * 1 City of Rosemead 8836 East Valley Boulevard Rosemead, CA 91770 f f Hours: 7.11 A.M. M-TH & 4.6 P.M. TH Bldg Dept Phone: (626) 569-2139 Inspection Requesb(826)6694346 NO. INSPECTION DATE, INSPECTOR aenl /men vl ml nlun INSPECTIONS AND APPROVALS TI z i INSPECTION RECORD ADDRESS: 3 PERMIT NO.: DATE: 16 3(- c'/ DESCRIPTION: q-- NO. INSPE DATE INSPECTOR orminnPn 91MCTRICAL INSPECTIONS AND APPROVALS 61 Location and setbacks B2 Soils Engineer's Approval 53 FoundationRrenchforms 42010~7 74 Strut concretelatab on grade 65 Raised floor framing BB 87 Unds&OGT IMUletidn First level floor sheathing B8 Second level floor sheathing B9 Third level floor Sheathing 610 Roof sheathing all Concrete dock First grout lift Second pima Rft Third grout IIR Fourth grout 8ft B12 i4 Steal framing Fee D*pL frame Inspection Building DePL trams inspecil 615 Fire sprinkler hangers B16 B17 1 Insuattlonrweathiar shipping Interior lath and/or drywall B18 Exterior lam B19 Rated floonfeelling assemblies B20 Rated wag assembles . R21 Rated opening pmtecdon B22 Rated shaft coristruction B23 T-Bar Collage B24 Lot drainage B25 Planning DeparbnordApproval -6,-0 B26 Fire Department Approver B27 Public Works Dept Approval CA B28 Final building Insp. approval REOUIRED MECHANICAL INSPECTIONS AND AFFKUVALS M7 FAUIWag furnace Duct work J AS Thermostat AS Fire dampers A7 Smoke detection devices 8 Manufamrred fireplace 9 Commercial hood 110 Final mechanical insp. at) h 11 K Et Temporary power pote . E2 System ground Ground rod Water pipe UFFR - 007 Other E3 Underground elacplcal E4 Rough wiring . ' E5 Rough condult . E6 Bonding water and.98e E7 ES Service Final electrical insp. approval P1 tlndergrolmdlfloorpllmWTg /7 dU P2 Water service P3 Rough plumbligllopotd P4 Rough gas system P5 Sewer PB Private sewage disposal system P7 Water heater P8 Lawn sprinklers Po Gas test P10 Gaeflnal P11 Final plumbing Insp. approval ormlllwFn APA/POOL INSPECTIONS ANU A VKIJVq 61 SpwPwI location and DalbecluI S2 Healer location and setback . S3 overhead corsducW clasimice S4 Underground plumbing SS Electrical botdlg. So Steel redinforcemeates 57 Undergound elachkill 58 Gas teat ' S9 PTraplBackwaahla0aptor $10 Fenctrig and galas Stt Spa/Pool Cover S12 Final" impOCtiOnaPPrOvid REQUIRED GRADING INSP ECTIONS AND A PPROVALS G1 Rough grading Compaction Report Received Super Frgineers Report Reed. G2 Fmiah greding G3 Final grading Inspection approval t IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TO CAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES. NEITHER THE BUILDING OFFICIAL NOR THE JURISDICTION SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OF ANY MATERIAL REQUIRED TO ALLOW INSPECTION. Td WdES:ZT 60OZ TT 'qoA LT80 069 EIZ: 'ON XUA : WOidd , SPECTION RECORD City of Rosemead ADDRESS: 8839 East Valley Boulevard _ / 13 DATE: . Rosemead. CA 91770 PERMIT NO: Hours: 7-11 A.M. M-TH & 4.6 P.M. TH Bldg Dept Phone: (626) 699-2130 ..0 L inapectloest- (626) 568.2346 DESCRIPTION: /t No DATE INSPECTOR INSPECTION DATE INSPECTOR NO. INSPECTION Dent anon RUILOING INSPECTIONS AND APPROVALS REQUIRED ELECTRICAL {NSPECTIONS AND APPROVALS 61 Location anti setbacks B2 Soft; Englneers Approval B3 rouWalonlTmnch forms T} _ J~ S4 '§;Ua oonaete/sleb on grade A J SS Raised floor framing BB Underfloor insulation B7 Find level arm sheathing - B8 Second Iavel floor shts0ft Be Third level floor sheathing BID Roof sheathing B11 Concrete deck First grout ra Second grout Oft Third grout ti ft Fourth grout lift 612 Steel framing 13 14 Fire Dept. frame Inspection Building Dept. trams Inspea 815 B16 Fire sprinkler hang8rB Insula9oNWeaNer SWpping 817 Interior Ism and/or drywall B1S Exterior lath 019 Rated flow/telling assemblies BZO Rated wag assemblies B21 Rated opening protection B22 Rated a a aRoonstniealon B23 T-Bar Cell s B24 i 625 Lot drainage Planning Department Approval 826 Fire Department Approval . - 627 Public Works Dept Approval 75, 628 Final brdlding Insp. 0ppreval REQUIRED MEUNAffl A mere,. FAUYWall fumaoe Combustion air openings devices A9 Commerelal hood M10 Floral mechtsdcel EI Temporary Power Polo EZ System ground Ground rod Water pipe UFER LG Other . E3 Underground ekddoal Ed Rough wiring ES Rough contlult E5 Binding walat anderes E7 Service . ES Final eleedricill IItsP. approval Pont nano PLrlMrsrrsa ui;srevn n.no .«.r...r~yr•..... P1 UndargroundlfloOir P 2 P3 Water seMce Rough pturneingAOpou[ P4 Rough gas system. PS Sewer P6 Private sewage disposal system P7 Water heater P6 Lawn cpdnlders P9 Gas last P10 Gas final Pit Final plumbirlg hut- approval id S1 Spa/Pool locatimt and setbacks S2 heater location and setback S3 Overhead condsabr clearance 54 Underground ii-ff ng 36 EleeLiut bondMp SS Sheet rNmmcemesde 87 Underground electrical S8 Gas test S9 P-TnapIBodwash.moeptm S10 'Fencing and paled S11 Spa/poolcover 812 Final pal Inspadbn approvel GI Rough gradlrg Compaoijon Report ftcaitrted Super. Engineers Report Reed. 02 Finish aradiv G3 Final gmdbsg InspedWn apPrOW IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TO CAUSE THE WORK TO REMAIN ACCES$1BLE AND EXPOSED FOR INSPECTION PURPOSES. TO FORE EXPENSE ION.aLAD IN THE REMOVAL OR REPLACEMENT OF NEITHER THE BUILDING OFFICIAL NOR THE J~ WICTIONN SSS ALL E LIABLE Td WdSS:ET 600E TT '4ad 4180 089 £TZ: 'ON XUA : WOH-1 " INSPECTION RECORD City of Rosemead 8338 East Valley Boulevard Rosemead, CA 81770 P v Hours: 7.11 A.M. M-TH 8 4.6 P.M. TH Bldg Dept Phone: (326) 368-2130 inspection Request (620) $09-2340 NO. INSPECTION DATE INSPECTOR Pcni imps, null niNn INSPECTIONS AND APPROVALS ADDRESS: PERMIT NO/'~-' 7 DATE: DESCRIPTIONr~ of ~ NO. INSPECTION DATE INSPECTOR REQUIRED ELECTRICAL INSPECTIONS AND APPROVALS 81 Location and setbacks B2 SoM Engineers Approval //OCj,0 B3 Foundadon/Tronch forma B4 Strut. ccncratslslab on grade B5 Pulsed floor framing BB Undarfloor Insuia6on B7 First level floor sheathing - 88 Second level floor sheathing 88 Third level floor sheathing 610 Roo(fihe3thing ell Concrete deck First strati IIft Second grout 8fl Third grout lift Fourth grout bft 812 Steel framing 13 4 Fire Dept. creme inspection Building Dept. frame Inspedle 016 Fire sprinkler hmtgem B16 Insdstiontmartner stripping 517 Interior lath andlor drywall . 818 Exterior lath 518 Rated flow/calling assemblies B20 Rated waft assemblies 321 Rated opening protection 522 Rated shaft construction B23 T-Bar Callings B24 Lot drainage B25 Plannft Depanatent ApprOM -o V 526 Fire Department Approval 627 Public Works Dept Approval 1''~'✓ 628 Final building Insp. approval 'qZ- 4 A x REQUIRED MECHANIC FAUIWag !unlace Combustion air openings Duct wodk ACrComlaeasor Thermostat Fire dampers Smoke datandon devices Manufactured fireplace Commercial hood INSPECTIONS AND ArrKV VAW E1 Temporary power pots E2 System ground Ground rod Water pipe LIFER l o0ror 73 Underground elecLffral E4 Rough wiring 'Q ES Rough conduit ES Bonding water and out F7 Service ES Final elecbical hr approval oPm noon w r MHING mercy r rvma r.,.,, .,r ~..t....., P1 Undergroundilloor plumbing lb (j P2 Water SWAM P3 Rough plumbinglWout P4 Rough gas system P5 Sewer Pe Private sewage 64004e1 system Pit water heater P8 Lawn sprinklers PO Gas test P10 Gas final P11 Final piumbsg step. approval C S1 SpalPool location and setbacks 62 Heater location and setback Sa Ovamesd conducpr daaranae S4 Underground ptuknbire S5 Electrical bonding. SS Steel rainforcemarb 67 Underground electricsl Ss Gas test . 50 P-TraplBadkwash teCWW S1o Fencing and gates S11 SpwT'oolrawer 612 Find pod Inspection approval G1 .r Rough grading Compaction Report Received , Super. Engineers Repot Reed. G2 Finish grading G3 Final grading Inspection approval IT SMALL 9E THE DUTY OF THE PERMIT APPLICANT CAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES. NEITHER THE BUILDING OFFICIAL NOR THE J~ DIICCT ON SHALL BE LIABLE FOR EXPENSE ENTAILED INSPECTION. THE REMOVAL OR REPLACEMENT OF RIAL REQUIRED TO ALLOW Ed WdSS:ZT 600E TT 'qad 2-TB0 0613 £TZ: 'ITN XHA : W021d