Loading...
17-1120_JOHNSON, BRYAN_Grading Surety AgreementOf�IGiiv." L GRADING SURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipalcorporation, hereinafter referred to as the "City," and -E/L%4�/ �fld SC1.d , hereinafter referred to as "DeveloFer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B17-0896 to Developer to construct certain designated improvements upon a portion of that real property located at 31331 Andres Pico Road, San Juan Capistrano, CA, such work being commonly referred to as "PRECISE GRADING FOR 31331 ANDRES PICO ROAD" ("Project"), WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires jhe posting of a bond 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. Developers 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 "PRECISE GRADING FOR 31331 ANDRES PICO ROAD" as approved by the City Engineer, on I I 2 v 11' 7 , 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 #817-0896 Page 1 of 8 n114702100\24835741 I 2. Developer's Security. Developer shall provide a Cash deposit to secure its obligation hereunder. The amount of the cash deposit shall be $37,000 for all onsite grading improvements as approved by the City Engineer. This security shall also serve as security for restoration of the Project site. 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 asset forth in Exhibit "A", and the conditions asset 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. Repair water and/or sewer facilities damaged during the grading operation. C. Grade property to its original contours as shown on the approved grading plans. D. Remove all debris and construction materials from the site; and E. Install erosion and silt control devices, including 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 coverings or treatments to satisfaction of the Director of Engineering and Building. Grading Surety Agreement, Permit #1317-0896 Page 2 of 8 61147.02100124835741.1 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. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of the precise grading permit. After a Rough Grade Certification is issued by the City and the retaining walls are completed and approved by the City, the City will release that portion of the cash deposit that corresponds to the completed and City approved items in the approved Engineers Cost Estimate dated March 24, 2017 and attached hereto. The remaining deposit given by the Developer shall not be released until the expiration of the warranty period and until any claims filled during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developers obligations under this agreement. 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit #617-0896 Page 7 of 8 61147.02100124835741.1 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND IN WITNESS WHEREOF, the parties have executed this Agreement as of 2017 JAN CAPISTRANO DEVELOPER By. Building Official / Printed Name4 Ate/ n(�J Approved as to Foo[[.mmz By: / .y�) Z2,w �T —� Jeff Ballinger, City Attorney Title Printed Grading Surety Agreement, Permit #1317-0896 Page 4 of 8 61147.021(0@4835741.1 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date 1. Complete Erosion Control Installation A?- / - /-7 2. Start & Finish Soil Stabilization work /d-/- / 7- 3. 3. Complete Rough Grade Pads 4. Complete Onsite Driveways & Sidewalks 5. Curb & Gutter work 6. Complete Onsite Drainage -/-/ 7. Complete Finish Pads 8. Complete Onsite Drainage --/-- /8 9. AJC Paving • Grading Surety Agreement, Permit #B17-0896 Page 5 of 8 61 147.021 W214835741. I EXHIBIT"B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 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 #617-0896 Page 6 of 8 61147.02 1 00\2483S741.1 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. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of the precise grading permit. After a Rough Grade Certification is issued by the City and the retaining walls are completed and approved by the City, the City will release that portion of the cash deposit that corresponds to the completed and City approved items in the approved Engineers Cost Estimate dated March 24, 2017 and attached hereto. The remaining deposit given by the Developer shall not be released until the expiration of the warranty period and until any claims filled during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developers obligations under this agreement. 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit #B17-0896 Page 7 of 8 61147.02 10G,24835741.1 APPROVED ENGINEERS ESTIMATE ATTACHED Grading Surety Agreement, Permit #1317-0896 Page 8 of 8 61147.02 1 00\2483574 1.1 PRO= Cm Twa mpa" JOHNSON RESIDENCE FROMM LGS ENGINEERING, INC. MTE October 31, 2017 ROVISM EROSION CONTROL EARTHWORK DmLa m BRYAN JOHNSON CALOAAWDY LOREN G. SANDBERG. P.E., P.L.S. ENGINEERING ESTIMATE - SUMMARY -f b 0 TH PUD PE2VY �► Ttit-61/ �- WI'CL� w tv �,TaAjL TL, o N $ 825.00 $ 33.744.70 TOTAL- AVe�JC W 00 ks�Fp gR�FNT N r OP'P U KS c�PJ� � D S 34,569.70 P%CUECTORMCI JOHNSON RESIDENCE MGM' LGS ENGINEERING, INC. QAn October 31, 2017 Rovind ENGINEERING ESTIMATE -EROSION CONTROL DESCRIPTION: GRAVEL SAGS CONS I HLIC:I ION LN I HANUL SUB TOTAL: 10% CONTIGENCY: TOTAL: 17-116 Ormapm BRYANJOHNSON rxau+toBY LOREN G. SANDBERG. P.E., P.L.S. QUANTITY: COST: TOTAL: 9 400 LF @ $ 1.00 $ 400.00 1 to a S 35U.UU 5 350.00 $ 750.00. $ 75.00 $ 825.00 PAM0 DR MaT KXM JOHNSON RESIDENCE 114amuR LGS ENGINEERING, INC. ua August 10, 2017 RevloW ENGINEERING ESTIMATE - GRADING offvatom BRYAN JOHNSON LOREN G. SANDBERG. P.E., P.L.S. DESCRMCW: �p QUANTTM. COST: EXCAVATE AND FILL Q-5 U Cy 0 $ IMPORT AND FILL CY a $ SUILS tNGINhbH SUB TOTAL: 10'X0 CONTIGENCY: TOTAL: PER CONTRACTOR'S ESTIMATE PROVIDED Tum- f TOTAL: ! oro $ 15,187.00 $ 14,490.00 $ 1,000.00 $ 30,8ZZm 3?, f y 76 $ $ -=44.70+ 37