Sanger Municipal Code § 62-180 Same—Form of bonds

All improvements shall be constructed at the subdivider's expense in accordance with the requirements of this article.

(Code 1960, § 19.111)

As a condition of approval of a tentative map for which a final map is required, the subdivider shall agree to construct, install, or provide all improvements as set forth in this article.

(Code 1960, § 19.112)

As a condition of approval of a tentative map for which a parcel map is required, improvements as set forth in this article may be required. The extent of such improvements shall be determined by the planning commission pursuant to Government Code § 66411.1. The planning commission may waive improvements until development of proposed division of land occurs. Improvements shall not be waived in any developed area.

(Code 1960, § 19.113)

The criteria and standards used for the design and construction of improvements shall be in accordance with the following:

(1) City of Sanger Standard Specification, copies of which are for sale or available for examination by the public in the offices of the city clerk.

(2) All the applicable provisions of article IV of this chapter.

(3) All other requirements set forth in this article.

The city engineer or other designated city official may make minor changes in typical sections and details if unusual conditions appertain to the subdivision or arise during construction to warrant such change.

(Code 1960, § 19.114)

(a) Improvement plans shall include all drawings and specifications necessary for the orderly construction of improvements for the subdivision.

(b) All such plans shall be prepared by an engineer licensed in the state in keeping with standard engineering practices. All plans shall be stamped and signed by a licensed engineer.

(c) All such plans shall be drawn on tracing paper or polyester base film in ink or pencil capable of producing a legible print.

(d) All sheets shall be 24 inches by 36 inches and shall be incorporated into one complete set of plans. When more than three sheets of drawings are required, an index to drawings shall be ascribed on the first sheet of the set.

(e) Elevations of all improvements shall be based on city datum.

(Code 1960, § 19.115)

The improvements set out in city standard specifications shall be clearly set forth in the improvement plans and shall be constructed or installed in accordance therewith.

(Code 1960, § 19.116)

A subdivision for which a final or parcel map is required shall not be approved and subsequently recorded until improvements required as a condition of approval of the tentative map have been completed or an agreement to complete the improvements has been entered into pursuant to Government Code § 66462. Such agreement to complete improvements shall be guaranteed by security in the amount, type, form and content as set forth in this article.

(Code 1960, § 19.117)

(a) The agreement to complete required improvements shall contain such stipulations as may be required to assure completion of the subdivision in accordance with the requirements of the city. Such stipulations shall specify that the subdivider shall complete the improved work within 12 months and providing that if he fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall provide for inspection of all improvements by the city. The form and content of such agreement shall be approved by the city attorney.

(b) The improvement agreement shall be secured by a bond or security in the amount, type, form and content as set forth in this article.

(Code 1960, § 19.118)

Improvement security shall be of the type as provided for in Government Code § 66499 subject to review by the city attorney and approval of the city council.

(Code 1960, § 19.119)

When a bond is used to secure the faithful performance of the agreement for subdivision improvements it shall be in substantially the same form as provided for in Government Code § 66499.1, subject to review by the city attorney and approval by the city council. The form of bond for the security of laborers and materialmen shall be in substantially the same form as provided for in Government Code § 56499.2, subject to review by the city attorney and approval by the city council. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.

(Code 1960, § 19.120)

The improvement security shall be provided in the amount as follows:

(1) Performance security. One hundred percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(2) Labor and materials security. Fifty percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(Code 1960, § 19.121)

(a) Security for performance may be reduced as work progresses only for the work satisfactorily completed and accepted by the city engineer. Upon written request from the subdivider, the city engineer with the concurrence of the director of public works shall determine the value of work completed satisfactorily and may authorize release of a portion of the security. In no event shall such security be reduced by more than 90 percent of the value of the work completed. Upon final completion and acceptance of the work as determined by the city engineer and director of public works, a notice of acceptance shall be filed with the county recorder. Ten percent of such security shall be retained for 35 days after the filing of such notice.

(b) Security for labor and material shall be released 35 days after such notice of acceptance is filed, provided that no claims are filed. If any claims are filed, the amount of such security retained shall be equal to the amount of such claims. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(c) After filing notice of acceptance and before final release of any security, the subdivider shall provide the city with a one-year maintenance bond in the amount of ten percent of the estimated cost of improvements. Such bond or other security shall be subject to review by the city attorney and approved by the city council.

(Code 1960, § 19.122; Ord. No. 888, § 1, 7-15-93)

Upon the failure of the subdivider to complete any improvement, acts, or obligations within the time specified, or an approved extension thereof, the city council may, upon notice in writing of not less than ten days, served upon the person responsible for the performance thereof, or upon notice in writing of not less than 20 days, served by certified mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act or other obligation of the subdivider secured thereby to be forfeited to the city.

(Code 1960, § 19.123)

Improvement work shall not be commenced until the city engineer or other designated city official has been given 24 hours' notice. If the work is discontinued for any reason, it shall not be commenced until such notice is given.

(Code 1960, § 19.124)

The construction of all required improvements shall be inspected by the city engineer or other designated city official for conformance with improvement plans. Any work completed without such required inspection shall be subject to removal and reconstruction at the cost of the subdivider.

(Code 1960, § 19.125)

Inspection fees shall be in the amounts prescribed from time to time by resolution of the city council. The subdivider shall deposit one percent of the estimated cost of improvements or such additional amount as the director of public works deems necessary prior to filing of the final or parcel map, which sum shall be deposited toward the cost of inspection of improvements.

(Code 1960, § 19.126)

(a) General. All testing required by this section shall be performed by a city-approved certified testing laboratory. The subdivider shall be responsible for all tests required under this section. Test results shall be provided to the city engineer as testing is performed.

(b) Grading. All embankments and excavation shall be compacted in accordance with the city standards. There shall be a sufficient number of tests at sufficient depths to ensure proper compaction and moisture content. At such time as the grading is completed, a resume of such tests shall be submitted to the city engineer or other designated city official for review and approval.

(c) Concrete work. Prior to the placement of any concrete in public rights-of-way, the subdivider or his contractor shall notify the city. The city shall inspect the forms and base for compaction. The city engineer or other designated city official may require additional compaction tests to assure proper compaction and moisture content. The engineer or other designated city official may take concrete cylinder samples as he may deem necessary. The breaking of such samples shall be at the subdivider's expense. The city shall check all curbs and gutters which fail to meet required tolerances as set forth in the city standards.

(d) Underground utilities. All trench backfill shall be compacted to city requirements. The contractor may use any method deemed necessary to obtain required compaction. There shall be a sufficient number of tests at sufficient depth to assure proper compaction and moisture content.

(e) Streets and alleys:

(1) Prior to placement of any required base, the subgrade shall be prepared and a sufficient number of compaction tests taken at sufficient depths to assure proper compaction and moisture content. The laboratory shall submit reports of such tests to the city engineer or other designated city official for review and approval. No base shall be placed until such approval is obtained.

(2) After the placement of base and prior to placement of pavement, the city engineer or other designated city official may require additional compaction tests to be taken. The laboratory shall submit reports of such tests to the city for review and approval.

(3) In addition to the above tests and requirements, the city engineer or other designated city official may require certification of the concrete, aggregate base and asphalt concrete material and such additional testing or other information necessary to assure proper construction in compliance with the improvement plans.

(Code 1960, § 19.127)

At such time as all improvements are completed, the subdivider shall arrange a meeting with the city engineer or other designated city official for an inspection of the work. The subdivider's engineer or their representative shall be present during the time of inspections. The city may require all required monuments as required in this article to be exposed, including all street monuments and lot corner monuments. The city engineer or other designated city official may survey or cause to be surveyed the subdivision for assurance that all such monuments satisfy the final map or parcel within allowable tolerances. No deferment of monuments shall be allowed. When all improvements are completed, the city engineer or other designated city official shall proceed to release security as provided for in this article.

(Code 1960, § 19.128)

At such times as the improvement work has been satisfactorily completed and approved as set forth in this article, before filing the notice of acceptance, the subdivider shall submit a complete set of as-built improvement plans capable of being reproduced. Such plans shall clearly show any changes that were made during construction. As-built improvement plans shall include permanent elevation benchmarks based upon the city datum at such locations as may be required by the city engineer or other designated city official. Bench mark elevations shall be set to the nearest 0.01 of a foot.

(Code 1960, § 19.129)