A. Bond Time Limit: Upon approval of required improvements, a maintenance bond shall be filed with the City Clerk guaranteeing repair of defects appearing in the construction of said improvements for a period of two (2) years after approval and acceptance by the City Council.
B. Public Works Inspection: Prior to the expiration date of the maintenance bond, the Department of Public Works shall conduct a final inspection of the improvements. The Department of Public Works shall notify the subdivider and the subdivider's engineer in writing of the date, time, and place of the final inspections. If such improvements are free of defects, the Department of Public Works shall certify in writing that all improvements are free of defects in construction and shall give said certification to the subdivider, the Department of Public Affairs, and the City Clerk.
C. Independent Engineer: If the Department of Public Works determines significant defects in construction, same shall give the subdivider written notification of those defects, and repairs to be made. If there is a disagreement between the subdivider and the Department of Public Works about the defects, then an independent engineer, agreeable to the subdivider and Public Works, shall be selected. The independent engineer shall inspect the improvements and prepare a report outlining the defects, if any, their probable cause and the proposed method of repair. The findings of the independent engineer shall be binding upon the subdivider and the City. Payment to the independent engineer shall be paid one-half (1/2) by the subdivider and one-half (1/2) by the City.
D. Subdivider Response Deadline: Within sixty (60) days after receiving written notification from the Department of Public Works, the subdivider shall cause to be repaired any defects in the construction of the improvements or agree to retain the independent engineer. The Department of Public Works may extend the sixty (60) day limit, due to adverse weather conditions, as necessary.
E. Performance Failure: Failure of the subdivider to complete the repairs within sixty (60) days of the Department of Public Works written notification or submission of the independent engineer's report authorizes the City to complete the repairs. Such sixty (60) days may be extended as necessary by the Department of Public Works due to adverse weather conditions. The proceeds of the bond shall pay for all costs of such repairs.
F. Bond Amount: The maintenance bond shall be in the amount of not less than ten thousand dollars ($10,000.00) or twenty five percent (25%) of the estimated cost of construction, whichever is greater. The Department of Public Works shall approve the subdivider's engineer's estimated bond amount.
G. Authorized Security: A maintenance bond shall secure the City in the same manner as construction bonds, subsection 12-3-5E of this Chapter.
H. Bond Release: The City Council shall release maintenance bonds, plus any accrued interest and the surety thereon, if any, upon certification from the Department of Public Works that all improvements are free of defects in construction and that the conditions of the bond have been satisfied. (Ord. 6104, 12-18-1996)