In connection with site and subdivision development, developers are responsible for all costs associated with planning, constructing, installing and testing of all public facilities, stormwater management and erosion control measures required to complete the proposed project. In addition, all plan elements necessary for compliance with City Zoning and other Ordinances shall be properly installed.
In the event that a development defaults on its obligation to complete this work, it may become necessary for the City to assume responsibility. To ensure that measures to complete this work could be taken by the City at the developer's expense, a condition of final construction plan approval is the submission of a performance bond with surety, irrevocable letter of credit, cashier's check or other surety form approved by the City Attorney, in an amount reasonably sufficient to cover the costs associated with the construction of these improvements.
Prior to the release of this performance bond or the acceptance of the public facilities by the City, the developer or owner is also required to submit a maintenance bond in the amount of ten percent (10%) of the construction costs of the public works and water and sewer facilities. The maintenance bond shall be good for one year from the date of acceptance of the facilities and shall be used by the City to pay repair expenses of latent defects discovered during said year.
In preparation of the cost estimate for the performance and maintenance bonds, the following schedule of unit prices is to be used. This schedule is based on typical public bidding prices. Items for mobilization, construction surveying and traffic control are included in the list and a 15% Engineering and Administrative Contingency is to be included. This schedule is not intended to include every single item required by city ordinances and standards. However, release of the provided surety shall be contingent upon proper installation and acceptance by the City of all required elements of the approved plans, regardless of whether any particular element is itemized on the bond estimate.
Bond Cost Worksheets
Bonding Forms and Samples
An agreement in lieu of an erosion and sediment control plan is required on all new construction for single family dwellings that may disturb 10,000 square feet or more and for single family dwellings that disturb less than 10,000 square feet when the activity occurs in a residential development.
For other developments a surety is required which may be either a performance bond, irrevocable letter of credit, cashier's check or any other surety form approved by the City Attorney. More on bonding can be found in the City's Design and Construction Standards Manual (DCSM).
[58KB] Letter of Credit - Sample
If not using our sample, at a minimum the Letter of Credit shall:
- Include project name
- Dollar amount
- Expiration date
- Be issued (or able to work with) a bank within the state of Virginia
- Be printed on bank letterhead
- Reference laws of the state of Virginia
- Include a beneficiary statement including the applicants obligation for installation and maintenance (one year following acceptance by city) of all public improvements, stormwater management and erosion control measures.
[33KB] Performance and Land Disturbing Activity Bond (last updated 5/1/2018)
Note concerning above Performance and Land Disturbing Activity Bond:
The Performance and Land Disturbing Activity Bond remains enforceable by the City until such time that the work covered by the Bond is completed to the City’s satisfaction, and the bond is officially released for claim by the City. The schedule cited in the Bond as stated by the Principal is not considered an expiration date for validity of the bond, and is rather a timeframe for the business transaction between the Principal and the Surety. It is the responsibility of the Principal and the Surety to manage that aspect of the Bond per the Surety’s terms, but both must recognize this has no bearing on the City’s right to make claim on the Bond, after the cited date, in the event of default.