CC - Item 3F - Release of Bond Parcel Map 628100 0
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, INTERIM CITY MANAGER
DATE: AUGUST 28, 2007
SUBJECT: RELEASE OF BOND- PARCEL MAP 62810
3209 BURTON AVENUE
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond was required to guarantee
construction of new driveways, curb and gutter, sidewalk, and sewer laterals, catch
basin relocation, and installation of survey monuments for Parcel Map 62810. In lieu of
bonds, a Cash Deposit was issued to the City in the amount of $60,000.
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. 62810
approved by the Rosemead Planning Commission on June 20, 2005, the subdivider is
required to construct new driveways, curb and gutter, sidewalk, and sewer laterals,
relocate catch basins, and install survey monuments subsequent to recordation of the
parcel map. On April 4, 2006, the subdivider executed an Undertaking Agreement
(Attachment A) to guarantee completion of the public improvements and installation of
the survey monuments 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 $60,000. The City Engineer has inspected the public improvements and
survey monuments and found them to be satisfactory.
FINANCIAL REVIEW
This item has been noticed through the regular agenda notification process.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
APPROVED FOR CITY COUNCIL AGENDA: O'
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City Council Meeting
August 28, 2007
Page 2 of 2
Prepared by:
1 '
Ken Rukavina, P.E.
City Engineer
Submitted by:
(tAAr11 5MIOLt 16~4
Brian Saeki
Interim Community Development Director
Attachment A: Undertaking Agreement & Cash Deposit Receipt
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~I r CF ROE EMi E' D
UNDERTAKING AGREEMENT
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THIS AGREEMENT made and entered this 5 day of APRE, , 2006, by and
between the CITY OF ROSEMEAD. State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
-r c! 7,1(--T Tf~'
(NAME)
n rF T pUTP.N7'E CTa 91746
(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 62810 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:
Driveways, curb and gutter, sidewalk, catch basin relocation, sewer laterals and
survey monuments.
Said work shall be done to the satisfaction of the City Engineer and shall not be
deemed complete until approved and aQcepted 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 $40,000.
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~tCUI,iD. TI~~ C I i t~liall rloi nur small any ufiic,er or ernpiuyee Inereui, ue iiauie or
responsible for any accident, loss, o, 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: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Cash Deposit in an amount of Sixty Thousand Dollars (g,',60,000.00)
to guarantee faithful performance of all the provisions of this agreement and for the payment
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of all pe suns perfunriing iabur and furnishirigs Uialenais in corrnectror with this agreerent.
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 said 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 Cite -ouncil, either at its own option, or upon request
of the CONTRACTOR, and shall in no v,ay affect the validity of this contract or release the
Surety of Sureties on any Bond attached hereto.
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llJ WITNESS THEREOF, the par-Lies 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.
(Seal)
PHI DUONG
> Commission # 1421855
Notary Public - California
Los,4noeles County
~~-tvty Comm. Expires Jun 3, 2007
Note:
By f
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemed
Llr~:`
Ibi
State of California
ss.
County of
On before me,
ae
personally appeared
PHI DUONG
COMMisslon * 1421855
-m a Notary Public • California
Las Angeles County
MY Comm. Expires Jun 3, 2007
,e
E, personally known to me
, - proved to me on the basis of satisfactory
evidence
to be the person(s) whose names; is/are
subscribed fo 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.
Vt1ITNESS. hand an official seal.
S,9m1u,e ai 14 ry Pubhc
OPTIONAL
Tnouon me Intormatior De)ow is no! reouired by law it may prove valuable to persons relying on the document ano could prevent
l,'ajouient removal and reatrachment of this form io another document.
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RECEIPT FOR P;-.YIv1ENT
CITY OF ROSEMEAD
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626.569.2100 (M - TH 7:00 - 6:00 PIC
Date:- ~OL
Dept\By:
For:
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TRAN
DESCRIPTION
I KAN
CODE
DESCRIPTION
CODE
710
Building Permit Fees
10G
Refundable Deposits
713
Strong Motion Fees
820
BuitdinglFieid RentallSupv
720
Public Works Permits
843
Class Registration
712
Occupancy Permits (Bldg)
844
Excursions
702
Site/Sign Plan Review Fees
621
Sr Lunch Prog (RCRC)
700
Occupancy Permits (Plan)
822
Sr Lunch Prog (GCC)
701
Wildlife Exemption Fee
123
Miscellaneous Revenues