CC - Item 4C - Release of Bonds - Parcel map 26652 - 3436 Burton AveTO: HONORABLE MAYOR
AND MEMBERS
ROSEMF~CITY COUNCIL
FROM: BILL CR E. CITY MANAGER
DATE: OCTOBER 12, 2004
RE: RELEASE OF BONDS - PARCEL MAP 26652
3436 BURTON AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to
guarantee construction of house sewer lateral, parkway drain, driveway and
survey monuments. In lieu of bonds, a Certificate of Deposit was issued to the
City in the amount of $8,640.
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
(AUI' M AGENDA
OCT 2 0 2004
ITEM No. t ' ~~-C
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
2003, by and
THIS AGREEMENT made and entered this 277"Iday of Ye
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY' and
1770
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 26652 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 lateral, parkway drain, driveway and 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 $5,640.
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: If 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 Eight Thousand Four
Hundred Sixty Dollars ($8,460) to guarantee faithful performance of all the provisions of this
agreement and for the payment of all persons performing labor and furnishing 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.
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.
By///f G W U
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By' ( .o
yor of the y o ose ad
Attested
City Clerk o he City of Rosemed
State of California
County of ss.
On X,&l gt2At& ct °`'>)r yt74r]betore me
I /i Dau ~y~ Nam am LOe of
personally appeared % / ~
NANCY VALDERRAMA
Commission ff 1378733
_m Notary Public -California
Los Angeles County
My Comm, Expires Oct 30. 2U"7h
❑ personally known to me
yproved 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 ns d official s al.
Sp,umJot Naary FvWc
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 torn to another document.
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Signer Is Representing
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Parcel Map No. 26652
3436 Burton Avenue
A