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CC - Item 5I - Release of Bond Beatrice PlE M F S O ~ q NOORPORATED 1959 • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER "e► DATE: MARCH 25, 2008 SUBJECT: RELEASE OF BOND -PARCEL MAP 26259 8925-29 BEATRICE PLACE SUMMARY A Faithful Performance Bond and a Labor and Material Bond in an amount of $5,600 and $2,800 respectively were required to guarantee construction of new driveway approaches, curb and gutter, sidewalk, AC pavement and sewer laterals for Parcel Map 26259. Staff Recommendation Staff recommends that the City Council accept the public improvements and release the Bonds. ANALYSIS In accordance with the Conditions of Approval for Tentative Parcel Map No. 26259 approved by the Rosemead Planning Commission on May 7, 2001, the subdivider is required to construct new driveway approaches, curb and gutter, sidewalk, AC pavement and sewer laterals subsequent to recordation of the parcel map. On January 30, 2002, the subdivider executed an Undertaking Agreement (Attachment A) to guarantee completion of the public improvements within two years. A Faithful Performance Bond of $5,600 and a Labor and Material Bond of $ 2,800 were also provided to the City on the same day. On February 12, 2002, the City Council approved the Undertaking Agreement and Bonds. 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. APPROVED FOR CITY COUNCIL AGENDA: • 0 City Council Meeting March 25, 2008 Paae 2 of 2 Prepared by: seph Y. 4 E. City Engineer b i 4anaeki Assistant City Manager Attachment A: Undertaking Agreement & Bonds CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this Z C) -day of JcA, 20L-L, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred.to as "CITY" and J 1 c 40, (NAME) (ADDRESS) hereinafter called the "CONTRACTOR." W ITNESSETH: 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 pavement, and sidewalk, c-,,Y>~ 5E-~j -r- = u-A'fcRA1- / I') 41-C)-1- 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 I I 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 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 ~J L 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. (Seal) Note: By vii,' ~Ctir //GtC By -2- t r1=L41,1 lilJ4 SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By a y f the City of Ros mead Attested City Clerk or the City of Rosemed • O CALEFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of L' S (16 On n/1,1, before me, Date/ i personally appeared Notary ❑ personally known to me (_~_~proved to me on the basis of satisfactory evidence A JACQUELYN KWOK Commission # 1247119 z i Notary Public - Coriforria Ins Angeles County 11 My Comm. Bpees Dec 26, 2M3 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-rimy, hand and official se I. / Sipriature of N ry Publm i 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 Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: top of thumb here O 1999 Nallanal Nola, Aseotlauan • 8350 De Solo Ave.. P.O. BDS 240? • Chalev,Orln, CA 91313 2402 • v .naaonemolerv.Dry Prod No. 5907 ee.oer: call TA-Fee 1-B0M7&S527 Number of Pages: 0 CITY OF ROSEMEAD BOND FOR FAITHFUL PERFORMANCE (Subdivisions) Bond Number: 133818 Premium:$300.00/ 1 'Year 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 mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify 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 attorney's fees, incurred by CITY in • 0 (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. ALL SIGNATURES MUST BE WITNESSED BY NOTARY Li Chau Ma Principal Principal American/Co-re3etors-.Indemnity Coirpany. Surety tti, Attorney In fact merican Contractors Indem Company 9841 Airport Blvd., 9th Floor l O5 Aneeles California 90045 . 6 POWER OF ATTORNEY O KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Cotnpany of theState of California, a California corpora tion does herebyappoint. , Christopher Rizzotti of Pasadena, CA Its true.and lawful Attomey(s)-in-Fact, with full authority to exe_cute:on its behalfbonds, undertakings, recogiizances'and other contract sV i; of indemnity and writings obligatory in the nature thereof issued tm the course of its a usiness and-.to -bind the ,Company thereby ,an an Amount not to.exceed $ **'1.500,000.00Dollars*.This;Power,of.Attorney shall expire without further action CIW:,, January 1b; 2003 Y This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the, following Resolution adopted,.„: by the Board' of Directors of AMERICAN CONTRA_CTORS,INDEMNITY COMPANY at a-meeiing duly called and held on the 6th day:`": .Of December 1990 ' is Sri a M rirY " RESOLVED that the Chief Executive Officer, President or any Mice President, Executive Tice President, Secretary or Assistant Secretary, shall have thepowerandauthority L.To appoint Attornev(sJm Fac{and to ~duihor ethem`[o.ezecute on3ehalfafshe~Compar7 and anach heseahofthe Company thereto bonds and undert6Jangs'conlfacts afindemnin:andotherwrtnngsv~ligaton,sn the nature thereofand, _ Z. To remove, at any rime; any such Anornev-in fact and revoke the authorin,given. RESOLVED FURTHER than the signatures of such gffcers and the seal of the. Compam mqt be affixed to any such Power ofAtiornev.or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing; such facsimile signaiures.or facsimile seal shall be valid and bindingupon the Company and:any such power so executed mid cerafied bij facsimile,sigrtatures- rid facsimile seal shall be yal_id-and binding upon the Company inihe future with respect to any bond onundeRal:ing to which a is"attached." - - IN WITNESS WHEREOF, American Contractors Indemnity Company^has caused-its seal to be affixed hereto and executed by its;; President on the 1 st day, of September 1000 -:U10 w 4MERICAN CONIMM7MRS-U~DEM M COMPANY ~O~.~apCTOP, fly O~ S• INCDRPDRAI'ED rtva y: SEPI 261490' „ =3 Andy T. aus Jr,,<President'- . STATE OF CALIFORNIA § COUNTYOFLOS ANGELES 9w w r ` . z3 .io On this 1 st day of Sep k'ember 2000'before me,personallydame Andy T. Faust Jr Corporate;President of Amencan`Contr tors Inde ntuty Company, ti me:personally kziowv tobe-their dt vidtiil and officer described herein; ahd"acknowledged that he executed the f&esa.ng instrument and affixed the seal of said-corporation thereto by authority of his office DEBORAH REt3E= WITNESS my hand and official seal m*^ o x Cxnmisson 1205480 z. . - - lDS I,r>Bek.'s County mG~n tee 1 1hyC[mm Et~Ye5 J~ 1 Up I D Borah Reese Notary 1. JAMES H' FERGUSON Corporate Secretary of American Contractors Indemmty .Company,.'do hereby cexf fy that the Power of" Attorney and, the resolution adopted by the Board of Directors of said Company.asset foith abode;.are true and correct transcripts thereof' and that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF I have hereunto set my hand this day of Bond No. 1R / _ Agency No. n9011 JAMES H. FERGUSON, orpo ate Secretary : . f. - rcv. POA06170101 CALIFORNIA ALL-PU&SI CKNOWLEDGMENT O State of California County of Los Angeles ?1L Debra B. Bell, Notary.Public On before me, Name ane Tale of Oft., ie.5., -bane Doe. Notary personally appeared Christopher J. Rizzotti Name(s) of Sings) personally known to me - _ PF~- 1 , _ _ . a . a ro De the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/ executed the ' D: R4,~ 63L same in his/fir authorized capacity(t& , and that by cammIssran n 12M736 " his/1ji s signature( on the instrument the person(, Not~y Rublic -Carriuron or the entity upon behalf of which the person( acted, Lcs Antes C° . C=TM F executed the instrument. hOV LM 1':I7 I "NP55 my-hand.and official seal. . Signature of Notary Puol¢ OPTIONAL Though the information oelow is not required by law, it may prove valuable to Persons relvino on the document and couid prevent fraudulent removal and reatiacnmen: of this ran to another document. Description of Attached Document Title or Type of Document: Document Date: Sinner(s) Other Than Named .Above: Capacity(is) Claimed by Signer(s) Sioner's Name: Christopher J. Rizzotti Individual Corporate Orlcer Tale(s): Partner - Limited Attorney-in-Fact Trustee General Guardian or Conservator Other: Sinner Is Representing: American Contractors Indemnity Company r -sin i-- lop c inumo here Sinner's Name: F- Individual Corporate Officer Title(s): Partner - Limited, General _ Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: lop o1 inumo here 01925 National Nom, Assa_':aeon • M6 Femme: Ave.. P.0 5.. '184 - Cant=R Pare. CA slns 715 Pmc. No. 5907 Fleome:: Can ioRF.ee 1-808.918382] • • 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 paythe 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 • 0 successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 . Li Chau Ma r,/~;,, ( s£✓ l??u Principal Principal ALL SIGNATURES MUST BE AMERICAN ¢oNt 6I,5, INDEMNITY COMPANY WITNESSED BY NOTARY Surety VX1 Christ Rizzotti, Attorney In Fact . , I & At I or ~~Cl .r-MM tILEDGMENT 0 State of Califoraia County of Los Angeles On 5 2002 Debra R. Bell,_ Notary Public Jl N bzforz me, Dale Name and Tale 01 Ofl:ar 'Jane Dce. Notary ?uOlie') personally appeared Christopher J. RizzOtti 015ioneg5) Name(s) s personally known io me - r a c io be the person(s) whose name(s) is,'aMl;subscribed to the within instrument and acknowledged to me that he/9 executed the same in his/fir authorized capacity( and that by r 9-' his/I signature(A on the instrument the person(5p, D a Cc;mn,-,js1on 12=736 F NotowPubic:-Ca!I=T-io £ or the entity upon behalf of which the person(W acted, tc9 Ar'261a C.murdy executed the instrument. /.eyeorrn. m ~ ulM,2a VdiTNESS my hand and official seal. Sionawre of Notary Puohc OPTIONAL Though the information oelow is not required by law, it may prove valuable to persons relying on me document and could prevent fraudulent removal and reattachment o/ this form to another document. - Description of Attached Document Title or Type of Document Document Date: Sinner(s) Other Than Named Above: Capacity(*as) Claimed by Signer(s) Signer's Name: Christopher J. Rizzotti Signer's Name: D Individu_! Corporate Officer Title(s): Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator . D Other: Signer Is Representing: American Contractors Indemnity Company Number of Paces: Individual Corporate Officer Title(s): Partner - D Limited E_ General Attorney-in-Fact Trustee Guardian or Conservator D Other: I iop Dt mumb here Signer Is Representing © 199$ Nd1i00d1 NOwy Assomi,., • 6235 Re^ c A%- .z ?t 5~ • Canoga Palh, eA tlIOVY / ~o• • • CALIFORNIA ALL-P0RPl Ae eCtdrTUrr t=m^w.1 State of California County of Gele'5 G j ss. i On G ` dE: ,before me, ? ! - Date Name anb T e of Dlficer C personally appeared j//7 /✓~[7 arlst m algnegs) ' ❑ personally known to me p~ roved 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 JACQUELYN KWpK Car signature(s) on the instrument the person(s), or unns # 12gIH the entity upon behalf of which the person(s). IM Argell Co acted, executed the instrument. wl mrr~e0ac262~ WITNESS ^ly hand and official se Place Notary Seal Above r Slgpature o: Notary Public OPTIONAL Though the information below is not required by law, 11 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 Sioner's Name: ❑ Individual ❑ Corporate Officer - Title(s): D Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 01999 NBIioraI Nolarv Aeann- - oocr. n- e Number of Pages: l- pElM Top of thump here www.nauomm~olary.org Prod No. 5907 geortlec Cal; Tol'.Free 1 B00.B)F692> 1'41! PPn;ZWrA QLL.PUFCP€SSE ACKNO RFLEUGMENT State of California r /vr y ss. County of On before me, Date Name am. Ti M Dfflcar (e.S • tare Doe. Notary personally appeared lq ~r L O18V11► V~M ~ 10 A19" CMWF Place Notary Seal Above ❑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. WITNESS m, y,hand and official se I 10't Al SigBaWre of Nail Public ' y 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 top of thumb mere ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Nolar, Association • 9350 De Solo Ave., R0. Boa 2402 • C9edi vorlq CA 9131 3 2 4 0 2 • wex.naaonelnota,org . Prob. No. 5907 Reorder. Call Toll-Free I-B0&5766827