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11-0816_MILLER, BARRY_Memo from PW DeptMEMORANDUM February 8, 2012 TO: Accounts Payable, Admin Services FROM: Nasser Abbaszadeh, Public Works Director N^%� SUBJECT: Grading Bond Release —10 Strawberry Lane— Miller Residence This memorandum is to authorize the release of the grading bond posted in the amount of $11,000.00 for 10 Strawberry Lane. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction of the City. The personal check was posted as the security. A copy of the Surety Agreement, receipt #21953, and dated 08/16/2011 is attached for your information. Thanks for your assistance. Attachment cc: Maria Moms, City Clerk City of San Juan Capistrano CHECK REQUEST Administrative Services Department Address Check to: Name: Bary Miller Address: 10 Strawberry Lane San Juan Capistrano, CA 92675 Check Amount Requested $ 11,000.00 Account No.: 90-00000-23302-00000-238 CHECK TOTAL: $ 11,000.00 Invoice Number: Permit# 1311-0269 Invoice Date: 8/16/2011 Check stub to contain the following: Grading Surety Bond Release Check Requested By: Employee: Deena Berens Department: Public Works Date: 2/8/2012 Department Approval: Nasser Abbaszadeh Transmittal Instructions: Return Check To: IX Mail: Other (specify) For Administrative Services Use Only Vendor Number: Warrant Number: Approved: Date: JMo„ n• too CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 Paid By MILLER, BARRY TODD Contractor Owner/Builder Permit Number B11-0269 Site Address Receipt Number 21953 10 STRAWBERRY LN Paid Date 8/16/2011 Check No 8760 Description Payment Method CHECK Slope failure repair Fees ADMINISTRATIVE FEE GRADING GEOTECHNICAL REVI GRADING PERMIT FEE GRADING REFUNDABLE DEPOS! ON SITE IMPROVEMENT PERMIT PERMIT ISSUANCE FEES FEE TOTAL $13,668.09 $374.93 01-00000-44214-00000-000 $1,033.70 01-00000-44231-00000-000 $510.10 90-00000-23302-00000-238 $11,000.00 01-00000-44222-00000-000 $722.85 $26.51 $13,668.09 SUSI GRADING FAYGREEPTEM-11 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Bary Miller, owner referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B11-0269 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 10 Strawberry Lane, commonly referred to as Miller Residence. "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. Develouer's Improvements Obligations. Developer shall, at its sole cost and. expense, provide and fumish 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. 9 2. Developer's Security. a per 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 $11,000.00 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. A C. Dismantle and/or demolish improvements; Grade property to its original contours as shown on the approved grading plans. Remove all debris and construction materials from the site; and D. 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. 6. AttomeVs 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. Develooees 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. 8. 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 e*ecuted this agreement as of 20 Developer By: (CSignee) Approved as to Form: By: Nasser baszadeh, Public Works Director EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 9/15/2011 Rough Grade Certification 9/15/2011 Landscape Irrigation 9/15/2011 Landscape Planting EXHJBIT "B" 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. 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.