A cash deposit shall be placed with the city as a guarantee fund to assure completion of all obligations in respect to fees charged for conferences, plan checks, field inspection, transfer of ownership, and all other functions performed in processing such improvements from concept to acceptance by the city. The cash deposit shall be retained (if not otherwise utilized), by the city up to the date of acceptance of the improvements by the city. This deposit may be used by the city to satisfy any outstanding obligations as to city expenses incurred (particularly including the city's consulting engineer and other professional advisors), which obligations are not paid within 30 days of invoiced date of consultant or professional advisor, or which obligations are outstanding at time of city accepting the improvement. Furthermore, the city reserves the right to suspend any further work on the improvements should the developer fail to make timely payments of all invoices billed, and/or upon failure to reimburse the funds withdrawn from the deposit. The developer will be reimbursed all deposit money remaining after all obligations are satisfied at time of acceptance of improvement. No reimbursement will be made for incomplete improvements and the city reserves the right, after one year of inactivity by developer, to dispense such funds as it desires to any related city fund, or expense. The amount of cash deposit for each development shall be $1,000 or more established from time to time by council action. The deposit is intended to assure monthly payments of city expenses as described above and does not indicate in any manner the total fees for the project, which fees usually vary indirectly with the developer's ability to execute the performance of his total project.
(Ord. 483 § 9.1, 1980)
A checking fee will be assessed for checking plat maps. A checking fee will be assessed for checking preliminary plans and later the detailed construction drawings (plan-profiles, etc.) covering all utilities and proposed street improvements. Fees will vary for each development and the city will bill the developer for the work performed by the city engineer and city inspector and any other city staff members utilized in checking the plans for conformance with the city standards. Billing will be based on an hourly charge in accordance with the time spent by each advisor in checking the project.
(Ord. 483 § 9.2, 1980)
Inspection fees will be assessed by the engineer through the city for time spent in inspecting the construction of utilities, street improvements and the testing associated therewith. Work will also include assistance in transferring ownership of utilities from the developer to the city. Total fees for the inspection phase and transfer of ownership will vary for each development. The city will bill the developer for the work performed and will bill on an hourly basis in accordance with the time required for these items of inspection to complete the project.
(Ord. 483 § 9.3, 1980)
A developer agreement shall be entered into between the city and the person or firm desiring to extend, revise or replace water and/or sewer utilities where allowed by city ordinances, or to construct, reconstruct streets, etc., within the city limits. The agreement particularly applies to development of plats, but is also applicable to those improvements required for certain remodeling of buildings and new construction of buildings within the city limits. The developer agreement includes the required cash deposits, fees and other obligations to the city as indicated within this article to perform the work in compliance with these standards.
(Ord. 483 § 9.4, 1980)
For work performed in public rights-of-way the developer shall post a performance bond. Within the plat or development, no performance bond will be required unless the plat is to be recorded with the county and/or property is to be sold prior to completion of all the work. The amount of the bond shall in all instances be resolved on an individual basis, and shall be for the "fair cost amount" as set by the city. In lieu of this bond requirement, the developer may deposit the cash equivalent in a savings account as an assignment of funds in lieu of the bond requirement.
(Ord. 483 § 9.5, 1980)
A one-year guarantee bond or its equivalent in cash shall be posted in the manner and style prescribed by the city prior to the plat being recorded with the county and/or prior to the property being sold. Service connections cannot be made until this requirement is fulfilled. Unless stated otherwise, the one-year guarantee on utilities is a guarantee on all workmanship and materials of the utility for a period of one year from the date of acceptance of the plat and its improvements, not one year from completion of installation of improvements. Prior to acceptance of the one-year guarantee, the developer shall maintain and operate all utilities. In a similar manner, all streets shall be guaranteed for two years from the date of acceptance of the plat and its improvements and drainage facilities shall have a two-year performance bond per SMC § 15.18.100.
(Ord. 483 § 9.6, 1980; Ord. 1198 § 13, 2017)
Standard forms, when applicable, for the developer agreement, performance bond and guarantee bond, etc., shall be furnished by the city.
(Ord. 483 § 10, 1980)
The city engineer shall prepare, update and maintain standard design detail and drawings supplementing and illustrating the design standards as referred to in this chapter. Drawings shall be modified, added to, or deleted, all as determined by the city engineer, in accordance with good engineering practice.
(Ord. 483 § 11, 1980; Ord. 812 § 2, 1998)