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 general contractor shall furnish evidence of insurance conforming to that described in §
470-23 for the general contractor and any subcontractors.
Periodic progress meetings shall be scheduled as part of the
preconstruction meeting. Additional progress meetings may be convened
by the City as deemed necessary.
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:
A. Irrevocable letter of credit for the benefit of the City.
B. Cash escrow agreement or other financial assurance acceptable to
the City Attorney and the City Council.
C. 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 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.