CC - Item 4B - Release of Bonds Parcel 26776•
TO: HONORABLE MAYOR
AND MEMBERS
ROSEM AD CITY COUNCIL
FROM: BILL C E, CITY MANAGER
DATE: JANUARY 6, 2005
•
RE: RELEASE OF BONDS - PARCEL MAP 26776
3323-3327 MUSCATEL AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to
guarantee construction of house sewer laterals, curb and gutter, sidewalk and
driveway. In lieu of bonds, a Certificate of Deposit was issued to the City in the
amount of $10,500.
The City Engineer has inspected the improvements and found them to be
installed satisfactorily. Attached are the undertaking agreement, required surety,
and a map that indicates the location of the parcel.
RECOMMENDATION
It is recommended that the City Council accept the public improvements and
release the Certificate of Deposit.
Attachment.
courvi. ='D~q
JAN 2 5 2005
1TENI':j. -
•
CITY OF ROSEMEAD
•
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 2 l day of 2003, by and
between the CITY OF ROSEMEAD, State of California, _a`c`tingg"by and through its City
Council, hereinafter referred to as "CITY" and
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 26776 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 sewer laterals, curb and gutter, sidewalk and driveway.
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 $7,000.
• •
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 perbrmance 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 Time Certificate of Deposit in an amount of Ten Thousand Five
Hundred Dollars ($10,500) to guarantee faithful performance of all the provisions of this
• •
agreement and for the payment of all persons performing labor and furnishings materials in
connection with this agreement. If the Time Certificate of Deposit, in the opinion of the
CITY, becomes insufficient, CONTRACTOR agrees to renew said Time Certificate of
Deposit within ten days of receiving notice that Time Certificate of 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 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.
• 0
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.
i
B y ; 1~'QZ'~'22 ~4
By
OUANG VAN TRAN
Comm 11343548
N N
N@?ARV PUBLIC
• CALIFORNIA
(Seal) Los Anto Coumi
My Comm Esp ns 111.
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
Attested L ~ A~
City Clerk o the City of Rosemed
ARM SINIJORN TO
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