11-0208_RMC CONSTRUCTORS_Grading Surety Agreement0 ORIGINAL
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Roberts Manageing
Contractors, Inc. dba RMC CONSTRUCTORS, Contractor referred to as "Developer".
WITNESSETH
WHEREAS, Citywill issue Grading Permit No B10-0819 & B10-0820 to Developerto
construct certain designated improvements which constitute a portion of that real property
at the location of 33961 & 33949 Doheny Park Road, commonly referred to as Costco
Warehouse Addition and Costco Gas Station.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of 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 construction of
grading improvements as approved by the City Engineer. The grading permit and plans,
which describe all the work to be constructed per this agreement, are on file in the office of
the City's Building Official.
VORIGINAL.
2. Developer's Security. Developer shall provide a cash deposit, 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.
The amount of the bond shall be $ 27,210.00 for all onsite grading improvements as
approved by the City Engineer. This security shall also serve as security for restoration of
the site. A copy of the surety instrument, as approved by the City Attorney,
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct all said improvements in accordance with the
schedule as set forth in Exhibit "A", and the conditions as set forth in Exhibit "B"
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
working days other than previously prescribed, City shall have the right to immediately
declare a default and to make demand on the surety for performance.
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 uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
a safe and acceptable condition if 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
D. Install erosion and silt control devices, including hydroseeding, Co
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
.:.ORIGINAL
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 said 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 construction of said
improvements.
& Liability. Developer shall hold City, its officers, and employees harmless 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 Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
February 8,
Developer
Roberts Managing
dba; RMC Constr
By: (Sinee
(Title) od F
Approved as to Form:
"tors, Inc.
A License # 446133
2111,�
By: Nasser Abbaszadeh, Public Works Director
20 11
D PIRIGINAL
IIA -2111111
y
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
04/11/2011
07/19/2011
11/01/2011
11/01/2011
Task
Precise Grade Certification — Gas Station
Precise Grade Certification — Warehouse
Landscape Irrigation
Landscape Planting
L) A
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the grading pians 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.
3o 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
..'
OR i IN
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
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.
PERFORMANCE BOND Bond# 105522979
KNOW ALL MEN BY THESE PRESENTS, that Roberts Managing
Contractors Inc. dba RMC Constructors
,as principal (hereinafter
called "contractor", and Travelers Casual!and Surety Company of
America as Surety (hereinafter called "Surety"),
are held and firmly bound unto the City of San Juan Capistrano, as obligee
(hereinafter called "city"), in the amount of TwentV seven thousand two hundred
ten dollars ($27.210.00 ) for payment whereof Contractor and Surety
bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, fairly by these presents.
WHEREAS, contractor has, by written agreement dated
, entered into a (describe agreement):
Onsite Grading Improvements: Costco Warehouse Addition and Costco Gas
Station — 33961 & 33949 Doheny Park Road regarding Gradin Permit No. B10-
0819 & B10-0820 which contact is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if
contractor shall promptly and faithfully perform said agreement then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
Surety waives whatever legal right it may have to require that a demand be made
first against the Contractor in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the
face amount specified, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that
no change, or extension of time, alteration, or modification of the
contract documents, or of the work to be performed thereunder,
shall in any way affect its obligation or this bond, and it does hereby
waive the notice of any such change, extension of time, alteration
or modification of the contract documents or of work the be
performed thereunder.
ORIGINAL
Executed this 8th day of Februa
2011,
At Fresno, California.
Roberts Managing Contractors, Inc. dba RMC
Constructors
Travelers Casualty and
Wayne
SURETY
Company erica
!ATION AND SEAL)
mb, Attorney-in-fact
LJORIGINAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of FRESNO
On February 8, 2011 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC, personally appeared
Wayne Iamb, proved to me on the basis of satisfactory evidence to be the person(s) whose
names) is/are subscribed to the within instrument and acknowledged to nae 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.
I certify under the PENALTY OF PERJURY under the laws of the State of
'fornia that the foregoing paragraph is true and. correct.
CYNTHIA SAUCEDA
Commission # 1796671
a "mac® »" Notary Public - California z
Z ' ' `� ; Fresno County n
MVComm. EVres Apr 27,2012 WITNESS my hand and official seal.
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Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
Z ATTORNEY -IN -PACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CA-ICW 24 (7100)
DESCRIPTION OF ATTACHED DOCUMENT
POWER OF ATTORNEY
TRAVE
LL Farmington Casualty Company St. Paul Mercury Insurance Company n.
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and. Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 222358 Certificate No. 003627970
KNOW ALL MEN BY THESE PRESENT& That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Gary E. Richards, Cynthia Sauceda, Wayne Lamb, and DeAnna E. Slater
of the City of Fresno State of_lin, their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds. recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in theirbus tress of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permuted to artyaclrons or,proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be srgna and thFi corporate seals to be hereto affixed, this 27TH
day of April 2010
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Iusirranc( 4 pmpagy Travelers Casualty and Surety Company
Fidelity and Guaranty InsuranceUnderwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
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State of Connecticut
City of Hartford ss.
By:
Georg 'i"hompi on, torice President
On this the 27th day of April 2010 , before me personally appeared George W. 'Thompson, who acknowledged
himself to be the Senior Vice President of Farrington Casualty Company, 1Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters.
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized So to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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In Witness Whereof, I hereunto set my hand and official seal. iA C .
My Commission expires the 30th day of lune, 2011. .�� Mame C. Teu'cauit_ Notary Public
58440-4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of tine following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ St, Paul Piave and Maxine lusurance Company, St. Paul Cnaardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Annerica, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, ally Second Vice
President, the Treasurer, any Assistant Treasurer, the Coiporal'e Secretary or any Assistant Secretary may appoint Attorneys -'in -Fact and Agents to act for and. on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's sea] bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER H E;R RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any AssistantTreasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Seeretiuy; or (b) duly executed (under seal., if required) by one or more Attorueys--in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a writtenn delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
ccrtificae relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in Ilse nature thereof, and any such Power of Attorney or certificate bearing such 'facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul. Mca:cury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America. and United St',aws Fidelity, and Gi}ar my Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said CompWrue which, is an full foicetltntd'effect and has not been revoked,
IN TESTIMONY WHEREOF, I have hereunto set my hand anti affixei`i the seals of sand anies this 8th day of F�y__._,_.__20 1
2Kori.M.
Johan Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1-806-421-3880 or contact us at www,travelersbond.cojn. Please refer to the Attorney -Fn -Fact number, the -
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TO: Maria Morris, City Clerk
FROM: Deena Berens — Senior Permit Technician
eel
SUBJECT: Grading Surety Agreement — Costco
March 8, 2011
Please find attached for your records, the original Grading Surety Agreement and bond #
105522979 for 33961 & 33949 Doheny Park Road in the amount of $27,210.00 placed as a
grading deposit for the Costco expansion and Gas Station grading permits # B10-0819 &
B10-0820.
Attachment