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