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17-0622_ST. MARGARET'S SCHOOL_Grading Surety Agreement 4-70A/c, GRADING SURETY AGREEMENT 4/4, THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City," and S t _ Margaret ' s School , hereinafter referred to as"Developer." WITNESSETH 11142 ,e) WHEREAS, City will issue Precise Grading Permit No B16,14 to Developer to construct certain designated improvements at St. Margaret's Episcopal School, 31641 La Novia, located in San Juan Capistrano, CA, ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed Project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the Project depicted on the plans entitled "St. Margaret's Episcopal School Parking Lot Along Ortega Highway." approved by the City Engineer,on ,2017. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit#B16-1126 Page 1 of 10 61147 02100\24835741 2 4)0 "AI 2. Developer's Security. Developer shall provide a cash deposit, irrevocable 4e letter of credit,certificate of deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("Security"). The amount of the Security shall be $434,000 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit"A", and the estimate as set forth in Exhibit"B". Exhibits"A"and "B" are attached hereto and incorporated herein by this reference. 4. Developer Default. In the event Developer does not complete the required improvements, including erosion and silt control measures within the time required, using Best Management Practices(BMP)in implementing a Water Quality Management Plan in full compliance with Orange County National Pollutant Discharge Elimination System (NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section 8-14, or abandons the Project site, or suspends work for more than twenty (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading, drainage and/or improvements which includes illicit non- storm drain water discharge.The purpose of this security shall be to restore the property to a safe and acceptable condition in the event the Developer defaults. This restoration shall include but not be limited to the following: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the approved grading plans. C. Remove all debris and construction materials from the site; and Grading Surety Agreement, Permit#B16-1126 Page 2 of 10 61 147 02100\24835741.2 19/ D. Install erosion and silt control devices, including hydroseeding, to V4, insure a uniform vegetative cover, or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters, or other erosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may judge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of the City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the Project. 8. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify,and hold harmless City, its officials,officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims,demands,causes of action, liability, or loss because of,or arising out of,in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit#B16-1126 Page 3 of 10 61147.02100\24835741 2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT kO o BETWEEN C/4'� THE CITY OF SAN JUAN CAPISTRANO AND IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2017 CIT OF S,N JU N CAPISTRANO By fi- - - •o Building Official By: Dat=•: _ Printed Name hA vi L `S. LEMS (4 Approved as to Form: Title CHIEF /4101.4G kid b• By: Onsr+4 1i^ra a ,c,cde. Jeff Ballinger, City Attorney By: Printed Name Title Grading Surety Agreement, Permit#B16-1126 Page 4 of 10 61147.02100\24835741 2 A SIGNATURE PAGE TO GRADING SURETY AGREEMENT p'4/G/ BETWEEN °te 11 THE CITY OF SAN JUAN CAPISTRANO AND IN WITNESS WHEREOF,the parties have executed this Agreement as of ,2017 CITY OF SAN JUAN CAPISTRANO By: Carlos Yado, Building Official Dated: Printed Name AA t/116 `3', OAS 14 App rave�.i o rm: Title GNi id/m*4clOld k ' By. O# irdali Yap oela/C,d7C. A' Jeff BaNinger, By; Printed Name Title Grading Surety Agreement,Permit 0816-1128 Page 4 of 10 61141.021=24133741.2 '4)0 V/A. EXHIBIT "A" 'V4Z SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date 1. Complete rough grading 6/26/17 2. Start installation of onsite Storm drain work 6/27/17 3. Start& Finish Soil Stabilization work 6/27/17 - 7/13/17 4. Curb & Gutter work 7113/17 5. Walks, Railings & Fences R/14/17 6. NC Paving 7124/17 Grading Surety Agreement, Permit#B16-1126 Page 5 of 10 61147 02100\24835741.2 ZsGsicIVI EXHIBIT "B" iv4Z CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code. 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved by the City. This erosion and silt control plan reflects erosion and silt mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading,or permission for winter grading is rescinded, static erosion and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters or other erosion resistant soil covering or treatments to the satisfaction of the City Engineer. 3. Suspension in excess of twenty (20)working days of work authorized by approved grading plans and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation,shall constitute default of this agreement. 4. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report,for that work completed at the time work is suspended for the rainy season, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. Grading Surety Agreement, Permit#B16-1126 Page 6 of 10 61147 02100\24835741.2 -1)0401 5. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. 6. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 7. Installation of interim erosion and sediment control devices and systems shall commence within seven (7)days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15)days of rough grad certification. Final erosion and sediment controls devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 8. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-1.03. 9. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 10. Parking for construction crew is to be on-site. Grading Surety Agreement, Permit#B16-1126 Page 7 of 10 61147.0210024835741 2 PROJECT: ST.MARGARETS MIDDLE SCHOOL DEVELOPER: St. Margaret's Episcopal School ENGINEER:CHARLES HARTMAN&ASSOC. _CALCULATED BY:C.Jackson PREPARED DATE 10-04-16 REVISION DATE: ENGINEERING COST ESTIMATE GRADING EXCAVATION 1,544 CY cQ $9.41 $14,529.04 FILL 1,246 CY 0 $9.41 $11,724.86 EXPORT 200 CY 0 $8.03 $1,606.00 GRADING TOTAL $27,859.90 SITE CONSTRUCTON 3"AC OVER 6"AB PAVEMENT 39,169 SF $2.25 $88,130.25 SIDEWALK(4") - 'SF @,_ $4.00 $0.00 PEDESTRIAN RAMP - EA @ $500.00 $0.00 ADA ACCRESS RAMP, PLATFORM AND WALLS - EA 0 $1.000.00 $0.00 SITE LIGHTING - EA 0 $1,500.00 $0.00 6"CURB ONLY 516 LF 0 $15.00 $7,740.00 6"CURB AND GUTTER 421 LF $18.00 $7, 578.00 CONCRETE WHEEL STOPS 42 EA 0 $200.00 --4974097(30- CHANNEL DRAIN 320 LF 0 $10.00 $3,200,00 #2 STONE GRAVEL STORAGE AREA 485 CY Q $50.00 $23,250.00 4"PERFORATED PVC DRAIN PIPE 482 LF <:o $18.00 $8,676.00 CLASS 1 GEOTECHNICAL FABRIC 9,980 'SF 0 $10.00 $99,600.00 8"PVC DRAIN PIPE - LF $23.00 $0.00 10"PVC DRAIN PIPE • ''LF 0 $26.00 $0.00 12"PVC DRAIN PIPE • LF @ ` $30.00 $0.00 18"RCP - LF 0 $38.00! $0.00 REDI-BLOCK RETAINING WALL 2,714 SF,O, -X88;99 $4627846.80 *5o•cP 4 12Js 7r) EROSION CONTROL INSTALL FIBER ROLLS 720 LF 0 $20.00 $14,400.00 INSTALL STABILIZED CONSTRUCTION ENTRANCE 1 EA 0 $500.00 $500.00 INSTALL CONCRETE WASHOUT 1 EA (8} $500.00 5500.00 INSTALL GRAVEL BAGS 240 LF i $10.00, $2,400.00 STRIPING 4"WIDE SOLID WHITE STRIPE 2,500 LF © $5.00 --pit5ee;90_• SPECIAL PAVEMENT MAKINGS FOR TURN MOVEMENTS 20 'EA w0 $50.00 -4-1,000.001-12 WIDE STOP BAR 20 LF _) $12.00 40.00 STOP SYMBOL 2 EA 0 $50.00 _140040- SIGNAGE 1400 pg_SIGNAGE MISCELLANEOUS SIGN 9 EA 0 $250.00 -521,240769- , SITE CONSTRUCTION TOTAL $471,164,15 794... 40/1E-Ty owFESS/N 7RI I/074- co lit T 09312016 . c - o UJMaI- IS,017U a , q i g i 4 3 J 6' * EXP. 0V31/03 , � `fi' ooh s cr �. `* iD D ji: O FOF CAtgock