Bradbury Municipal Code Ch. 154 Bonds and Deposits

Before commencing any improvement or requesting the issuance of a final clearance, the subdivider shall deposit:

(1) With the City, a sum estimated by the City Engineer to cover the actual cost of plan checking and inspection of all improvements under the City Engineer's jurisdiction and a sum estimated by the City Engineer to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with conditions under the City Engineer's jurisdiction. This section shall not affect the requirements for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers, or certificates of compliance processed by the City Engineer;

(2) With the City, a sum estimated by the City Engineer to cover the actual cost of inspection of all highway improvements, including drainage structures incidental thereto.

(Ord. No. 297, § 9.07.090.010, 3-20-2007)

In lieu of making the special deposit required for the cost of inspection of improvements by the City Engineer, the subdivider may make and maintain with the City Engineer a general deposit, in an amount not less than $1,000.00, determined by the City Engineer to be sufficient to protect the City's interest. The general deposit shall be held and used for the same purposes as the special deposit for the cost of inspection of improvements by the City Engineer.

(Ord. No. 297, § 9.07.090.020, 3-20-2007)

If any deposit made pursuant to either Section 9.154.010 or 9.154.020 is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the City Engineer, shall pay to the City an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered uncompleted.

(Ord. No. 297, § 9.07.090.040, 3-20-2007)

The agreement referred to in Chapter 151 of this title shall be accompanied by both a faithful performance bond guaranteeing the faithful performance of all work and a labor and material bond guaranteeing payment to the contractors, subcontractors and persons furnishing labor, materials, or equipment for the improvement or performance of the required act. The bonds shall be in substantially the same form as set forth in Government Code §§ 66499.2 and 66499.3. The bond shall not include monumentation work.

(Ord. No. 297, § 9.07.090.050, 3-20-2007)

If the subdivider shows to the satisfaction of the City Engineer that the subdivider has entered into a contract with a water utility to construct water mains as required by this part, which contract makes the City a party thereto and provides that such contract may not be modified or rescinded without the consent of the City except as required by the Public Utilities Commission, and has deposited with such water utility security for the payment of such water utility which the City Engineer finds adequate, the subdivider need not accompany the agreement to install such water mains with a faithful performance bond or a labor and materials bond. The City Manager is hereby authorized to execute said contract on behalf of the City.

(Ord. No. 297, § 9.07.090.060, 3-20-2007)

Improvement security shall be for the following amounts unless otherwise stated in this part:

(1) Faithful performance bond. An amount estimated by the City Engineer to be equal to 100 percent of the total estimated cost of the improvement or performance of the required act. Faithful performance shall include the guarantee and warranty of the work for a period of one year following completion and acceptance thereof, against any defective work or labor done, or defective materials furnished.

(2) Labor and material bond. An amount estimated by the City to be equal to 100 percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

(Ord. No. 297, § 9.07.090.070, 3-20-2007)

All bonds furnished under authority of the Subdivision Map Act and this part shall be:

(1) Furnished by a corporate surety company authorized to write the same in the State; and

(2) Subject to the approval and acceptance by the City Clerk.

(Ord. No. 297, § 9.07.090.080, 3-20-2007)

The agreement referred to in Section 9.142.060 shall be accompanied by money, negotiable bonds, or instruments of credit in a penal sum which, in the opinion of the City Engineer, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement. A labor and materials security shall not be required.

(Ord. No. 297, § 9.07.090.090, 3-20-2007)

The security required for unpaid special assessments by Section 66493 of the Subdivision Map Act shall be money, negotiable bonds, or instruments of credit, and shall comply with Section 9.154.100.

(Ord. No. 297, § 9.07.090.100, 3-20-2007)

In lieu of any faithful performance bond or labor and materials bond required by this part, including the bond required by Sections 9.154.080 and 9.154.090, the subdivider may deposit with the City Engineer, on behalf of the City Council, a sum of money, instruments of credit, or negotiable bonds, equal to the required amount of the improvement security for the faithful performance thereof. Instruments of credit, pursuant to Section 66499(a)(3) of the Subdivision Map Act, may also be furnished in lieu of any faithful performance security required by this chapter.

(Ord. No. 297, § 9.07.090.110, 3-20-2007)

(a) When any portion of an improvement has actually been fully completed, the City Engineer may, in the City Engineer's discretion, authorize from time to time a reduction in the bonds or instruments of credit, or a partial withdrawal of funds, which bonds, instruments of credit, or funds were deposited in lieu of a faithful performance bond required by this chapter, equal to the estimated cost of such completed portion.

(b) This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvement.

(Ord. No. 297, § 9.07.090.120, 3-20-2007)

The City shall refund unused deposits, as provided in this Code, on water and sewers, respectively. In all cases not covered by sections of this Code, if the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining in the same manner as provided by law for the repayment of trust moneys.

(Ord. No. 297, § 9.07.090.130, 3-20-2007)

Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Engineer and/or the City Manager may, upon notice in writing of not less than ten days, served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than 20 days served by certified mail addressed to the last known address of the person, firm or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted, and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work, in such amount as may be necessary to complete such improvement work. The City Attorney shall take legal action required for the enforcement of subdivision improvement agreements when directed to do so by the City Council.

(Ord. No. 297, § 9.07.090.140, 3-20-2007)

(a) The City Council hereby delegates to the City Manager the authority to extend the time for completion of the improvement, and accept the completed work and release improvement agreements, and accept, reduce the securities amount, exonerate and forfeit securities posted for the installation of improvements required for tract and parcel maps. The City Council further delegates to the City Manager the authority to declare in default any agreement submitted to guarantee the performance of any act relating to tract and/or parcel maps.

(b) The City Engineer shall, on behalf of the City, approve work that has been satisfactorily completed in accordance with the appropriate plans and specifications and/or any agreement submitted pursuant to Section 9.151.020. The City Engineer shall also accept for public use, as appropriate, all subdivision improvements constructed as part of said work.

(Ord. No. 297, § 9.07.090.150, 3-20-2007)