(A)   Improvements paid for by subdivider. Before the submission of the final plat the subdivider shall guarantee the construction of all improvements in accordance with approved plans and specifications and insure completion of the improvements within an approved specified time. All sewers, water lines, drainage facilities, street improvements, sidewalks, street lights and other designated improvements shall, upon inspection, approval and acceptance by the city, become the property of the city.
   (B)   Detailed engineering plans.
      (1)   All engineering plans shall be submitted on 11 inch by 17 inch sheets or multiples thereof and shall bear the signature and seal of the Professional Engineer (and architect, if any) under whose directions they were prepared. Two prints of preliminary plans and two reproducible sets of final plans shall be submitted to the City Engineer.
      (2)   The City Engineer shall review the improvement plans for conformance with design standards and other requirements of the city. Other City Development Staff may review the plans for conformance with standards of design with particular attention to location and aesthetic qualities.
   (C)   Construction and inspection.
      (1)   The City Engineer shall inspect the construction of infrastructure improvements installed by a developer or subdivider (hereinafter "developer"). A construction inspection service fee shall be charged pursuant to the current City of Marshalltown construction administration, inspection and staking services contract.
      (2)   The developer's engineer shall submit two complete full size sets of plans and number of calendar days the developer's contractor will be given to complete the project and make it ready for final inspection by the City Engineer. The City Engineer shall use the plans and specified contract calendar days in preparing a not to exceed fee amount of the cost to provide construction administration, inspection and staking services. Payment of this fee shall be a condition precedent to the approval of the project plans by the City Engineer. Although the developer's engineer shall have the authority to determine the number of calendar days needed to complete the project, the City Engineer shall have the authority to withhold approval of the project plans if the City Engineer determines that the submitted days for the completion of the project is unreasonable.
      (3)   If, during the construction of the project, it appears that the project will not be completed by the developer in the number of calendar days specified by the developer's engineer and additional construction inspection services are required, the developer's engineer shall submit a statement of the City Engineer that indicates the number of additional calendar days needed to complete the project. Before additional construction inspection services are provided on the project for any additional calendar days beyond the original completion date, the developer shall pay a per day fee for the additional costs to provide construction administration, inspection, and staking services for the additional number of calendar days submitted by the developer's engineer. This per day fee shall be determined by dividing the original fee amount by the number of specified calendar days the contractor was originally allotted to complete the project. This developer notification and advance inspection fee payment process shall continue until the project is completed. No project shall be finally accepted by the city until all construction administration, inspection, and staking service fees have been paid in full by the developer. If the additional per day fee paid pursuant to this division by the developer is higher than the actual final cost incurred by the city for additional construction inspection services, the difference between the total additional per day fee and the city's actual final cost shall be rebated by the city to the developer.
      (4)   The City Council may by resolution accept improvements after receipt of a written notice of a satisfactory final inspection by the City Engineer and the posting of a maintenance guarantee.
   (D)   Guarantee of performance and maintenance.
      (1)   The subdivider shall guarantee the completion of all required improvements within a period of two years after the approval of the final plat by a construction performance bond, subdivision bond or certified check. Said guarantee shall be in the amount of 100% of the estimated construction costs of such uncompleted improvements as determined by the City Engineer.
      (2)   The subdivider shall provide a maintenance bond in the amount of 100% of the construction cost of all sewers and street improvements. The maintenance period for all street and sewer improvements shall be four years except the maintenance period for all sidewalk improvements is hereby changed from four years to two years from the date of city acceptance of the completed improvements. Said guarantees shall be in the amount of 100% for the first year, 75% the second year, 50% the third year, and 25% the fourth year.
      (3)   If the required improvements are not completed within the required time or if improvements are not satisfactorily maintained for the required time, the subdivider shall be automatically in default and the guarantee of performance shall be applied by the city to the costs of completing or restoring said improvements.
(Ord. 14776, passed 11-14-2005; Ord. 14844, passed 09-09-2008)