This profile has been designed to assist developers and contractors with process and procedure after approval of land entitlement through vertical construction permits and out to certificates of occupancy. Forms and template documents are available, as well as process outlines and support information.
Please review the Development Impact Fee Summary to complete a feasibility study on your own. Final fees are based on approved civil and construction drawings and are those fee in effect at the time of permit issuance.
A financial guarantee will be requested for any work in the public right-of-way (ROW) or for any public infrastructure during development construction based on the schedule of public improvements from the development agreement or similar estimating documentation for the improvements. Brighton will accept a cash escrow deposit, or any of the forms listed below, depending on the type of surety required.
Please see the template documents below for the minimum language accepted by Brighton for financial security of public improvements.
- Letter of Credit Template - or Subdivision Bond Template may be used when the developer of record is securing the public improvements and development or other legal agreement exists between the developer and the city.
- ROW Permit Bond Template - or ESC Permit Bond Template may be used when a contractor is securing the public improvements and/or no agreement exists. This form shall be used to protect the public right-of-way or ground stabilization.
- Affidavit of Construction Costs Template - shall be completed and turned in prior to a reduction in the financial guarantee is granted.
- As-Built Drawings Submittal Specifications - a checklist of requirements for submitting as-built drawings for review.
Upon completion of the public infrastructure, construction acceptance inspections shall be scheduled by the contractor. The Streets, Utilities, and Community Development Departments will complete the inspection (when applicable) and will either approve the inspection or will provide a punch-list of items that need to be corrected prior to approval of the inspection. At the time the construction acceptance inspection is called, as-built drawings, a CCTV video of the sewer line (when applicable) and an affidavit of actual construction costs shall be submitted for review. Upon approval of construction acceptance, the financial guarantee will be approved for a reduction to 15% of the actual costs submitted on the affidavit, and the one-year warranty period will begin. The contractor of record is responsible for any repairs required during or at the completion of the warranty period.
One year from the date of construction acceptance, a final acceptance inspection can be called. At final acceptance, the applicable departments will inspect, provide a punch list of corrections, and once those corrections are complete, and the inspector signs off of final acceptance, the city assumes responsibility for the maintenance and repair of the improvements. At the time of final acceptance, the financial guarantee can be released in entirety.
Brighton requires that a financial guarantee be placed on work being performed in the public right of way, on public infrastructure located in utility easements on private property, and/or allows bonding to ensure future completion of private work, thus allowing the issuance of a certificate of occupancy prior to construction completion (i.e., landscaping, seasonal sod work, seasonal concrete work, etc.) Brighton accepts guarantees in the form of bonds, letters of credit, and/or cash escrow deposits.
The following information is provided as an outline for procedures related to the acceptance, drawdown, and release of financial guarantees:
- A schedule of public improvements, including a complete scope of work and related costs, shall be submitted; the financial guarantee shall be based on the reviewed/approved scope of work under construction.
- All forms of financial guarantee shall be accepted at the discretion of Brighton representatives.
- Bonding of projects is required at 115% of total valuation for the scope of work (materials and labor.)
- All construction is subject to inspection and approval by Brighton inspectors.
- A construction acceptance inspection in a pass status will allow the financial guarantee to be released to 15% of the original bonded amount. The 15% shall be held for a one-year warranty period. The date of construction acceptance will initiate the one-year warranty period for the construction.
- At the end of the warranty period, a final acceptance inspection will be scheduled. If construction under warranty fails this inspection, a task list of corrections will be produced. The corrected work shall be inspected upon completion. All inspections shall again obtain a pass status prior to full release of bonding. Once all final-acceptance inspections are in a pass status, bonding will be released completely.
In some instances, a partial release of the financial surety may be granted.
- If a portion of work is complete, and the identified line between complete work and incomplete work is clearly defined, the construction inspector may approve a partial release of the financial guarantee.
- If the financial guarantee is in the form of a bond or letter of credit, an original document of a replacement bond or letter (reflecting the reduced amount) will be provided to Brighton prior to the release of the original document.
- The warranty period will be guaranteed at 15% of the entire scope of original construction rather than on drawn down amounts.
- In some instances, at the discretion of the inspector and/or other city representatives, construction may not be required to be held for warranty.
- All financial guarantees will be released promptly once project construction has obtained a pass status on final acceptance inspections.