(a) Installation of Improvements.
(1) The subdivider shall install all improvements required by these Regulations and in accord with the conditions of the approvals granted by the City.
(2) It shall be the responsibility of the subdivider to ensure that all construction is conducted in accordance with safety requirements established by OSHA and by other standard industry safety practices.
(3) The subdivider shall employ reasonable measures in common use in the construction industry and shall comply with all measures required by these Regulations, and by the Engineering Construction Standards to protect properties adjacent to or downstream of construction activities from undue impacts other than temporary nuisances normally associated with construction work such as noise, lights, and unsightly conditions.
(b) Inspections During Construction.
(1) The City Engineer and the Summit Soil and Water Conservation District (SWCD) shall be responsible for determining whether the improvements are installed in conformance with these Regulations.
(2) The City Engineer shall make inspections during the installation of improvements to ensure conformity with the approved improvement plans. Inspections shall be performed according to schedules and methodologies as contained in the Engineering Construction Standards. The subdivider shall give notice to the City Engineer as required in the Engineering Construction Standards. The City Engineer may require removal of uninspected work resulting from failure to give timely notice.
(3) The City Engineer and other duly authorized employees bearing credentials and identification shall be permitted to enter upon all areas of a subdivision for the purpose of inspection, observation and measurement, in accordance with the provisions of these Regulations.
(c) Stop Work Orders. In the event that work performed does not conform to the approved plans and these Regulations, the City Engineer shall serve a written notice to comply upon the subdivider. The notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with the notice may result in issuance of a stop-work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation, the stop-work order shall be voided and construction may resume.
(d) Maintenance Prior to Acceptance. Except as otherwise provided herein, during all times prior to release of the performance guarantee, the subdivider shall be responsible for routine maintenance and protection of all improvements (including but not limited to snow removal, sweeping roads and sidewalks, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to faulty construction or random damage as soon as they become apparent. The subdivider shall be responsible for maintaining all storm water improvements, including but not limited to ditches, storm sewers, catch basins, detention or retention basins until ownership of and responsibility for the storm water improvements is legally transferred to the City or to an entity approved by the City.
(e) Off-Site Debris and Damage During Construction. The subdivider shall remove any soil, gravel, debris, or other matter deposited as a result of subdivision or site development construction activities on or in public roads, ditches, sewers, or other public places and to repair damage resulting from such activities. Subdivision construction activities shall include, but not be limited to, the operation of construction vehicles or the vehicles of construction contractors and employees.
(1) Removal or repairs shall be made immediately upon notice by the City Engineer.
(2) The City Engineer may issue a Stop Work Order as provided by these Regulations when necessary to ensure removal or repair or to order the cessation of the activities causing the deposits or damage.
(3) When the City Administrator determines it necessary to undertake removal or to make repairs resulting from construction activities, using personnel and equipment of the City or engaged by the City, the cost of such removal or repairs shall be deducted from any guarantee established for that purpose by these Regulations.
(f) Punch List. Upon notification by the subdivider that construction is complete, or near completion, the City Engineer shall inspect the subdivision improvements and shall prepare a punch list of work required to be installed, completed, altered, or repaired. The City Engineer shall deliver a copy of the punch list to the subdivider who shall complete all items.
(g) As-Built Plans. The subdivider shall provide to the City "as-built" plans in form required by the Engineering Construction Standards accurately describing all improvements as constructed. The as-built plans shall bear the seal and signature of a professional engineer and a statement certifying the correctness of the as-built plans.
(Ord. 2-2004. Passed 2-23-04.)