In the event the city engineer and a developer or property owner, hereinafter “developer,” jointly determine that it is in the parties’ mutual interest that certain public improvements or betterments be constructed upon public property, the following procedures shall be followed. The process set forth herein may be used in conjunction with the construction of streets, alleys, driveways, water mains, sanitary sewers, storm sewers and other similar public improvements, hereinafter referred to as “public improvements.”
A.
As a condition to undertaking the procedures set forth herein, the developer shall make application to the engineering division for a permit to construct public improvements. Such permit application shall be made on a form prescribed by the city engineering division, and the fees connected therewith are as set forth in Section 12.10.030.
B.
Prior to the issuance of a permit for such public improvements, the developer proposing to construct the improvements shall provide the engineering division with copies of all surveys, grades, engineering design data, and construction plans and specifications deemed necessary by the city engineer or his delegate for the construction of the proposed public improvement. Such documents shall not be approved unless in conformance with all codes and in such detail as the city engineer shall deem sufficient.
C.
Following the issuance of all required permits, but prior to the commencement of work, the developer shall schedule a preconstruction conference at a time and place acceptable to the city engineer and representatives of other affected local utilities to coordinate the work.
D.
Following the preconstruction conference, the developer shall perform all necessary construction staking, which shall be reviewed by and certified by a professional engineer registered in the state of Washington.
E.
As a final condition before the commencement of work, the developer or his agent shall notify the city engineer in writing at least twenty-four hours prior thereto of the proposed date and time of commencement of the construction phase. The developer shall make arrangements for a city inspector to be at the job site at the time work is initially commenced. Prior to the commencement of construction, a representative of the engineering division shall check and approve the proposed work as to line and grade. Thereafter through the construction phase of the project, a representative of the engineering division shall inspect from time to time the progress of work and shall have authority to stop work or direct changes as deemed necessary.
F.
After the completion of all construction, but prior to the acceptance of the completed work by the city engineer, the developer shall furnish the city engineer with an acceptable set of reproducible plans indicating the as-built condition of the work, which plans shall show all construction changes, alignment and grades of changes, all added and deleted items, and other engineering data, all of which shall be certified by an engineer registered in the state of Washington responsible for the work.
G.
Acceptance of the Improvement. In the event the improvements approved for construction are not built on city-owned or dedicated property, such acceptance shall not occur until the property is conveyed or otherwise dedicated to the city, pursuant to a conveyancing mechanism approved as to method and form by the city attorney. Acceptance of the development shall occur simultaneous with the dedication or conveyance of the real property in question.
Further, acceptance which shall take the form of a certificate of acceptance and shall not be deemed complete until all fees have been paid and the improvements have been certified as in compliance with all inspections and the provisions set forth herein. The city engineer shall determine whether acceptance shall be conditioned on the developers posting a maintenance and performance bond to insure and guarantee the proper functioning of the system or facility in such amount and for such period of time as the city engineer shall deem appropriate. All such bonds or surety agreements shall be approved by the city attorney.
H.
Contract or Other Acknowledgment. In the event no formal contract is entered into between the city and developer, then as an alternative thereto, the developer shall be required to execute a document acknowledging that he has reviewed all the terms and conditions of this chapter and agrees to fully comply therewith.
(Ord. 3154 § 2, 1991; Ord. 3676 § 3, 2008)