13-0829_COSTCO WHOLESALE_Grading Bond ReleaseMEMORANDUM December 17, 2013
TO: Accounts Payable, Financial Services
FROM: Keith Van Der Maaten, Public Works & Utilities Direc r
SUBJECT: Grading Bond Release Costco Carwash
33949 Doheny Park Road — B13-0347
This memorandum is to authorize the release of the grading bond posted in the amount of
$7,245.00 for the grading at 33949 Doheny Park Road. The grading and on-site
improvements that were secured by the bond have been completed to the satisfaction of the
City.
A company check was posted as the security. I have included a copy of the Surety
Agreement & receipt #33949 for your information. Thanks for your assistance.
Attachments
CC' Maria Morris, City Clerk
City of San Juan Capistrano
CHECK REQUEST
Administrative Services Department
Address Check to: Name: W L BUTLER CONSTRUCTION
Address: 204 FRANKLIN STREET
REDWOOD CITY, CA 94062
Check Amount Requested $ 7,245.00 Account No.: 90-00000-23302-00000-238
CHECK TOTAL: $ 7,245.00
Invoice Number: B13-0347 Invoice Date: 9/4/2013
Check stub to contain the following: Grading Surety Bond Release
Check Requested By: Employee: Deena Berens
Department: Public Works & Utilities Date: 12/17/2013
Department Approval: Keith Van Der Maater�— � .
Transmittal Instructions: Return Check To:
MX Mail:
Other (specify)
For Administrative Services Use Only
Vendor Number:
Warrant Number:
Approved:
Date:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
ola7Sl
(949) 493-1171
Paid By W L BUTLER CONSTRUCTI Contractor W L BUTLER CONSTRUCT[
204 FRANKLIN STREET
REDWOOD CITY CA 94062
Permit Number
B13-0347
Receipt Number
33949
Paid Date
9/4/2013
Check No
8172
Payment Method
CHECK
ADMINISTRATIVE FEE
GRADING PERMIT FEE
GRADING REFUNDABLE DEPOSI
OTHER INSPECTIONS & FEES
PERMIT ISSUANCE FEES
PRIVATE INSPECTIONS
FEE TOTAL
Site Address
33949 DOHENY PARK ROAD
Description
Grading/On Site Imp for Costco Carwash
Fees
$299.73
01-00000-44222-00000-000 $362.30
90-00000-23302-00000-238 $7,245.00
01-00000-44120-00000-000 $707.03
$27.24
$4,538.45
$13,179.75
o
GRADING SURETY AGREEME14fe
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Costco Wholesale, a
Limited Liability Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B13-0347 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of 33949 Doheny Park Road, commonly referred to as Costco Car Wash.
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.
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.
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 executed this agreement as of
Developer
August 29 2013
1
By: (Signee) 'y
(Title) Authorized
Approved as to Form:
nt For Costco Wholesale
0
By: Keith Van Der MaateiT; -Pk. .' f- blic Works & Utilities
tJ ArCA � � �If
z
�x�` !' • `asioy' �s yv
1�UT,�q�, ten'• p
` -P •!r
,��r�ArWAS
l'�,�ti
EXHIBIT "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