CC - Item 4D - Release of Bond - Parcel Map 65311 (3165 Rosemead Place)ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 14, 2009
SUBJECT: RELEASE OF BOND - PARCEL MAP 65311 (3165 ROSEMEAD PLACE)
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond were required to guarantee
construction of sewer laterals, curb and gutter, sidewalk, parkway drains, and A.C. pavement for
Parcel Map 65311. In lieu of bonds, a Cash Deposit was issued to the City in the amount of
$7,935.00.
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. 65311 approved by
the Rosemead Planning Commission, the subdivider is required to construct sewer laterals,
curb and gutter, sidewalk, parkway drains, and A.C. pavement subsequent to recordation of the
parcel map. On January 8, 2008, 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 $7,935.00. The City Engineer has inspected the public
improvements and found them to be satisfactory.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
A4
Luci Blanc, P.E.
City Engineer
Submitted by:
Ch4kaA
car
ello
Deputy Director of Public Works
Attachment A: Undertaking Agreement
APPROVED FOR CITY COUNCIL AGENDA:
ITEM NO.
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this IQthday of ]>CCMbe- , 200z, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
Ho(Iv D.%. 1 rail
(NAME)
31(oE5 ROSt~4'1 eaa Clace- RCX vr1P~, rl CA -770
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 65311 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 lateral, curb and gutter, sidewalk, parkway drains, A.C.
pavement and install survey monuments.
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 $5,290.
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: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Cash Deposit in the amount of Seven Thousand Nine Hundred and
Thirty Five Dollars ($7,935) 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 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
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
(Seal)
Note:
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
of the City of Rosemead
Attested 211S-Irj~l
ity Cler c of the City of Rosemed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
,y~ All ss.
County of ~i'J H/1
0lif,rn9ZX` l before me, ~A"e e6 Ad'11/17.J
Date Named Tice of Pier fe.g.• 'Jane Doe, Notary Public')
personally appeared
Name(s) of Signer(s)
❑ personally known to me
CATHERINE ROLLtNSj
Colli 1637165
xouar vuauc-auFOttNU
Los futtsi app 211110
my ft~t e~. Jut
Place Notary Seel Above
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
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my h d and official seal.
Signature of Notary Public
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
Title or Type of Document: _
iriExrel-
Document Date: ~UQ 7 ✓ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer-Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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Signer's Name:
❑ Individual
❑ Corporate Officer-Title(s):
❑ Partner - ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
lop of thumb here
0 2004 National Notary Association - 9350 De Sala Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 , Reorder Call Toll-Free 1-800-876-6827
>11DESCRIPTION RCPT NO. AMOUNT
REFUNDABLE DEPOSITS 13545 7,935.00
Payer Name HOLLY TRAN
Description PM DEPOS
Invoice # 65311
TOTAL 7,935.00
PAYMENT #000062 AMOUNT PAID
CASH 7,935.00
CHANGE DUE .00
12/11/07 13:04 cte
WORKSTATION 1
NAME
ADDRESS
LICENSE NO,
PHONE NO.
CITY OF ROSEMEAD
626.569.2100 TEL
M - TH 7:00 AM - 6:00 PM