27.24 — BONDS

Bonds or other improvement security satisfactory to the city engineer and agreements in an amount equal to at least one hundred percent of the estimated cost of the work are required to guarantee completion of the work in accordance with the approved plans and specifications. (Ord. 294, 1982)

Where land alteration work or any excavation exempted from land alteration involves excavation adjacent to the right-of-way in excess of six feet with a slope of one foot horizontal to one foot vertical or steeper, the city engineer may require a special bond to indemnify the city against damage to the improvements within the right-of-way which may result from such excavation on land alteration. The amount of the special bond shall be determined by the city engineer and such bond shall remain in force and effect until the excavation and land alteration have been completed, the lateral support for the slope, if required, has been constructed, and it has been determined by the city engineer that the adjacent improvements are no longer in jeopardy. (Ord. 126 § 1, 1976, Exhibit A § 27.4-1.01; Ord. 294, 1982)

The special bond shall be conditioned upon the payment to the city of any costs incurred by the city in repairing, restoring, or replacing improvements which may be damaged as a result of the adjacent excavation or land alteration. Procedures for notice, performance of work, and payment to the city where such work is performed by the city shall conform to Section 27.24.040; provided, however, where delay in repair to the improvements would constitute a hazard to the public or to other improvements within the immediate area, the city engineer may perform such emergency work as may be required and shall recover the cost thereof from the principal and surety of the bond.

(Ord. 126 § 1, 1976, Exhibit A § 27.4-1.02; Ord. 294, 1982)

Persons performing private contract work under a permit issued in accordance with this title shall furnish a bond or cash deposit or instrument of credit executed by the owner or by the contractor or both, as principal in accordance with the following provisions:

The performance bond shall be issued by a surety company authorized to do business in the state and shall be approved as to form by the city attorney. The bond shall be in favor of the city and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this title and the conditions prescribed by the permit. (Ord. 126 § 1, 1976, Exhibit A § 27.4-2; Ord. 294, 1982)

The bond shall be conditioned upon the payment to the city of any costs incurred by the city or its agent in completing the required work or performing work necessary to leave the site in a nonhazardous condition. Whenever the city engineer finds that a default has occurred in the

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City of Palm Desert, CA

GRADING

§ 27.24.040

§ 27.24.100

performance of any term or condition of work authorized by a permit he shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the city engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the city an amount equal to the city engineer estimate of the completion cost plus an additional sum equal to twenty-five percent of such cost.

(Ord. 126 § 1, 1976, Exhibit A § 27.4-2.01; Ord. 294, 1982)

In the event that the principal or surety fails to complete such work within the time specified in the notice designated in Section 27.24.040, or fails to deposit the estimated cost plus twentyfive percent with the city, the city engineer may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work.

(Ord. 126 § 1, 1976, Exhibit A § 27.4-2.02; Ord. 294, 1982; Ord. 514 § 2, 1987)

If the principal or surety deposits the estimated cost plus twenty-five percent as set forth in the notice designated in Section 27.24.040, the city engineer shall cause the required work to be completed. The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the city blameless from any liability in connection with the work so performed by the city or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of the money.

(Ord. 126 § 1, 1976, Exhibit A § 27.4-2.03; Ord. 294 § 1, 1982)

In lieu of a bond, the permittee may post a cash deposit with the city finance office in an amount equal to the required bond. Notice of default as provided in Section 27.24.090 shall be given to the principal and if the default is not corrected within the time specified, the city engineer shall proceed without delay and without further notice of proceedings whatever to use the cash deposit or any portion of such deposit to complete the required work. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns after deducting the cost of the work.

(Ord. 126 § 1, 1976, Exhibit A § 27.9-2.04; Ord. 294, 1982)

No performance bond under the provisions of this chapter shall be required from the state, or any of its political subdivisions or any governmental agency. (Ord. 126 § 1, 1976, Exhibit A § 27.4-2.05; Ord. 294, 1982)

A contractor working for the state, or any of its political subdivisions or any governmental agency, shall present a performance bond unless proof is submitted that the work is covered by a bond insuring to the benefit of the state or agency.

(Ord. 126 § 1, 1976, Exhibit A § 27.4-2.06; Ord. 294, 1982)

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City of Palm Desert, CA

PALM DESERT CODE

§ 27.24.100

§ 27.24.110

Every bond or other performance guarantee shall include conditions that the permittee shall do the following:

• A. Comply with all provisions of this title;

• B. Comply with all terms and conditions of the land alteration permit;

• C. Complete the land alteration work within the time limit specified in the land alteration permit.

• (Ord. 126 § 1, 1976, Exhibit A § 27.4-2.07; Ord. 294, 1982)

• A. The amount of the bond covering a specific job shall be established by the city engineer, and shall not exceed the amounts listed in this section.

• B. Notice of cancellation shall be sent to the city engineer.

• C. The amount of any performance bond shall be determined as follows:

  1. For appurtenant structures, one hundred percent of the estimated cost of drainage facilities or other grading appurtenances;

  2. For grading and slope planting, twenty-five percent of the estimated cost or ten thousand dollars, whichever is less. This amount may be varied by the city engineer to fit conditions which are unusual in his opinion.

• (Ord. 126 § 1, 1976, Exhibit A § 27.4-3; Ord. 294, 1982; Ord. 514 § 2, 1987)

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City of Palm Desert, CA

GRADING

§ 27.28.010

§ 27.28.040

CHAPTER 27.28 ADMINISTRATION