After a general contractor has been engaged but before construction shall begin, the developer shall convene a preconstruction meeting. Representatives of the general contractor and the City must attend. Representatives of other public or quasi-public agencies shall be invited by the City Engineer and may attend at their option. The objective of the meeting is to review the scope of the project, establish review/inspection points, to coordinate schedules and identify key concerns.
The developer shall, prior to commencing construction work, file with both the City Clerk and the City Engineer certificates of insurance showing coverage of all insurance required, signed by the insurance companies or their authorized agents. The certificate of insurance shall cover their employees, the City of Bridgman and the City Engineer, and including their respective officers, directors, employees, agents and other consultants, with rated companies, in amounts as noted below. Insurance covering the City and the City Engineer as additionally insured parties shall not be modified by riders that reduce the protection provided the City and the City Engineer to less than that afforded the applicant and his/her employees.
The developer shall provide and maintain comprehensive general liability insurance which will protect the City of Bridgman, the City Engineer and each of their officers, employees, agents and consultants from claims which may arise out of or result from the performance of work by anyone directly or indirectly employed by the contractor or subcontractor, or by anyone for whose acts the contractor may be liable. Comprehensive general liability and automobile insurance shall provide coverage in the amount of $1,000,000 per accident for property damage and $1,000,000 per person and $3,000,000 umbrella liability aggregate per accident for bodily injury, sickness or disease, or death of any person and provide workmens' compensation insurance at a minimum of $100,000.
The policies of insurance so required by this subsection to be purchased and maintained shall be furnished by insurers with A.M. Best Company rating of at least A- (excellent), and a financial category of IX or greater.
With respect to comprehensive general liability insurance, the insurance shall remain in effect at least until final payment and at all times thereafter when the developer may be correcting, removing or replacing defective work in accordance with this chapter. Thirty days' written notice to each other additional insured is required prior to cancellation of policy.
The general contractor shall furnish evidence of insurance conforming to that described in § 470-23 for the general contractor and any subcontractors.
The developer shall not commence work until the notice of commencement is provided pursuant to this section, and not until the certificates of insurance showing coverage of all insurance required, signed by the insurance companies or their authorized agents, have been filed with both the City Clerk and the City Engineer. Each certificate shall provide that coverage and shall not be terminated or reduced without 30 days' advance written notice to the City Clerk and the City Engineer.
The developer or the contractor shall notify the Director of Public Services and the City Engineer at least 48 hours before construction is to begin. This provision shall apply also to the resumption of construction after a break of three or more working days and to the temporary halting of construction; except for holidays. Significant changes in the construction schedule shall be reported to the Director of Public Services and City Engineer.
Periodic progress meetings shall be scheduled as part of the preconstruction meeting. Additional progress meetings may be convened by the City as deemed necessary.
City inspection of the sanitary sewer, storm drainage and water systems shall conform with the provisions of Article 3, Sections 5.0, 7.7, and 12.0. Final inspection of all other applicable portions of the project shall be conducted by the City pursuant to Article 1, Section 11.0.
Editor's Note: So in original.
Upon notification of noncompliance, the developer shall immediately suspend work on that portion of the development identified by the City inspector as not in conforming to the terms of this chapter or the approved plans and specifications and correct all nonconformity within 48 hours, or other time period as agreed upon, in writing, by the inspector and/or City Engineer.
All developer improvements shall be completed within two years of final plat/plan approval by the City Council or within an alternative timetable approved, in writing, by the City Council.
A fully executed performance guarantee in the amount equal to 125% of the total estimated construction costs as determined by the City Engineer for all work to be done shall be furnished to the City prior to commencement of construction. Such guarantee will be subject to the condition that the improvements will be completed within two years after approval of the final plan and is subject to the approval of the City Attorney and shall be in one of the following forms:
Irrevocable letter of credit for the benefit of the City.
Cash escrow agreement or other financial assurance acceptable to the City Attorney and the City Council.
The policies of insurance required to be purchased and maintained by the developer shall be furnished by insurers holding a A.M. Best Company rating of at least A- (excellent), and a financial category designation of IX or greater.
All requests for reduction in amounts of performance guarantees shall be in writing and shall be filed with the City Clerk with a copy to the City Manager. Such requests shall include an itemized list of the work fully completed to date and an itemized list of the work yet to be completed. The City Engineer shall approve any and all reductions to the amount of a performance guarantee, in writing, to the developer with a copy submitted to the originator of the developers performance guarantee and the City Manager.
As built plans and waivers of lien satisfactory to the City Attorney, City Engineer and the City Manager shall be furnished to the City before a final inspection will be made of the improvements. These documents must be obtained and approved by the City prior to acceptance on the improvements.
The City Engineer and/or Director of Public Services shall then make a final inspection of the improvements and shall compile a final punch list letter to the developer of all items requiring attention and/or correction upon receipt of as built drawings and lien waivers from the developer.
Prior to City acceptance of any public improvements, including, but not limited to, streets, sidewalks, sanitary and storm sewers, water mains and appurtenances, the City shall cause the same to be inspected to assure that the same were constructed to City standards. The developer shall immediately correct, at it cost, any deficiency. The City shall not be obligated to accept any improvement which fails to meet its minimum standards.
Once all items of the final punch list letter have been attended to or corrected to the satisfaction of the City Engineer and other City officials, the City Engineer shall submit an approval letter to the City Council, which may then accept the project improvements by motion. Upon action by the City Council, the City Manager shall transmit notice of acceptance to the developer.
The City Council may accept a public improvement prior to completion of the project, provided all underground improvements (including water, sewer, and stormwater) and street base have been installed and the developer has posted a cash escrow with the City, a letter of credit, or other form of financial security in a form acceptable to the City Council and City Attorney in an amount equal to the 125% of the estimated cost for completion of all required improvements, as estimated by the City Engineer.
If a letter of credit or other form of financial security is used, it shall be a declining balance instrument, for which the remaining balance shall decline by the amount of improvements completed; however, at no time shall the instrument value be reduced lower than 125% of the costs estimated to complete the improvements as determined by the City Engineer. There shall be no time limit on this financial security and the acceptance of a public improvement prior to completion of the project. Acceptance shall be at the sole discretion of the City Manager and City Council.
The developer shall secure by cash deposit or letter of credit equal to 125% of the cost of maintenance of public improvements for a one-year warranty period which shall begin upon completion and acceptance of all public improvements by the City.
With respect to operations insurance, such insurance shall remain in effect for the warranty period. The developer shall furnish the City, City Engineer and any other additional insured that such insurance is in effect for the duration of the warranty period.
The City Council may require that an extended warranty be provided based on factors arising during construction or because of exceptions to this chapter granted to the developer. In granting an extension, the developer shall continue, in full force, the performance guarantee for any uncompleted improvements and appropriate guarantees necessary for fulfillment of the warranty obligations and determined by the City Engineer and approved, in writing, by the City Council.
Prior to approval for a replat or amendment to a condominium, the developer shall arrange with the Director of Public Services and/or City Engineer for an inspection of all public improvements, including, but not limited to, sanitary and storm sewers, water mains and all related appurtenances, and streetlights, and shall include any required fees for such inspections.
These utilities shall meet or exceed the standards as stated in these development standards for the existing and/or proposed extension of utility needs on site as well as off site.
Any repairs shall be made by and at the expense of the owner of the property. The City may, in case of an emergency, repair any defect, and if this is done, the cost of such repair work shall be repaid to the City by the owner of the property. Any performance guarantee imposed on the project shall be strictly interpreted to include costs for maintenance of any improvements until expiration of the warrantee period.