(a) Agreements and Guarantees. All bonds and insurance required under this Section shall be secured from companies authorized to do business in the State of Ohio, and shall be deposited and remain at all times with the Mayor.
(1) Construction agreements. To assure construction and installation of improvement required by these regulations, the subdivider shall execute a construction agreement with the Municipality providing that:
A. All such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements.
B. Such improvements shall be available to, and for the benefit of, the lands within such subdivision.
C. All improvements shall be completed within the time limits prescribed therein. The construction agreement shall further provide that, if the improvements are not completed within the specified time the Municipality, upon proper notice, may com-plete the improvements and recover full costs and expenses thereon from the subdi-vider and may appropriate such portion of money or bonds posted for the faithful performance of said works.
D. Any further provision that the Mayor may deem necessary in the public interest.
(2) Commencement of improvements. No construction of any improvements or clearing, grubbing, and grading as apply to the subdivision shall be commenced prior to approvals necessary hereunder and upon written confirmation of same by the Mayor.
(3) Performance guarantees.
A. Type of guarantees. The subdivider shall execute and file financial guarantees with the Municipality prior to the actual installation of the required improvement when requesting approval of the final plat. Such guarantees may be in the form of a performance or surety bond or a certified check, or other sufficient guarantee, subject to all approval required by these regulations but subject to final approval by Council. Council shall consider the subdivider's construction record, financial status, and form of guarantee in determining the sufficiency of the guarantee.
B. Amount of guarantee. The Financial guarantee shall be in the amount equal to one hundred fifteen percent (115%) of the Engineer's estimates of the cost of construction of all improvements.
C. All financial guarantees shall be non-cancelable and can only be released by City Council. However, should Council approve funds held in escrow as a performance guarantee, it may also provide for a graduated reduction of funds held in escrow as improvements are completed. The reduction of funds held in escrow shall be governed by an agreement which must be accepted by Council.
(4) Maintenance guarantee.
A. A maintenance guarantee (bond, cash or certified check) shall be posted with the Municipality in the amount of ten percent (10%) of the Engineer's estimate of the cost of construction of all improvements, and shall be arranged for a minimum period of three (3) years from date of acceptance of improvements by the Council as certified by the Engineer. No maintenance guarantee shall be less than one thousand dollars ($1,000).
B. The Engineer may approve the delay of laying of the surface course for up to two (2) years but will be insured by initial maintenance bond.
C. The subdivider shall be responsible for routine maintenance, excluding snow plowing and street lighting, of all improvements and shall repair all failures due to faulty construction within a reasonable period after notification by the Mayor.
D. He shall also make repairs due to erosion or use and shall repair all failures for other reasons during the maintenance guarantee period. All streets and other improvements shall be in a condition acceptable to the Municipality at the end of the maintenance guarantee period.
E. If the subdivider fails to perform the maintenance required by the guarantee to the complete satisfaction of the Engineer, the Council may use such funds provided by the maintenance guarantee to put the improvements in satisfactory condition.
(5) Liability insurance.
A. The subdivider shall furnish such insurance as is deemed necessary by the Mayor which shall indemnify and save harmless the Municipality from any and all liability arising by reason of the conditions which may arise or grow out of the construction work.
B. The insurance shall be of such duration as determined by the Mayor, but shall in no case be allowed to expire earlier than the effective period of any maintenance guarantee. A copy of the insurance policy shall remain at all times with the Mayor.
(6) Title insurance. Evidence must be shown that title insurance in an amount of not less than one thousand dollars ($1,000) will be issued insuring the title of the lands to be dedicated, as shown on the final plat.
Preconstruction Meeting and Work Schedules. Prior to the commencement of any subdivision improvements, the developer and his engineer shall hold a preconstruction meeting with the Engineer. At this time the improvements will be discussed in regard to procedure, materials, in-spection, etc.
(b) Construction Responsibilities.
(1) Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project, at all times, a copy of all required plans and specifications as approved by the Engineer. He shall cooperate with the City's inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent capable of reading and thoroughly understanding the plans and specifications, as his agent on the project. The superintendent shall have full authority to execute the change orders or directions of the City's inspector and to promptly supply such materials, tools, plant equipment and labor as may be required. The inspector's orders should be executed without delay. A superintendent shall be furnished irrespective of the amount of work sublet.
(2) Work schedules. The subdivider and/or contractor shall submit work schedules satisfactory to the Engineer for the work. Work which has not been properly scheduled shall not be permitted by the Engineer.
(3) Grade stakes. Pavement and pipeline grade stakes shall be set at twenty-five foot (25') intervals on horizontal and vertical curves and for all grades less than one percent (1%) may be set at a maximum interval of fifty feet (50'). The City's inspector may ask for additional grade stakes if it is deemed necessary. Cut sheets shall be provided to the inspector prior to construction of these items.
(4) Repair of damage. Any damage done to the improvements by construction traffic, local traffic, or by any other means, shall be repaired, or the damaged materials replaced, before the next item of construction is begun.
(5) Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the City's inspector.
(6) The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots until final acceptance of improvements. The subdivider shall be notified by the Engineer or Mayor of the need for said maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the Mayor, the Mayor may perform said service and bill the subdivider for said service. Payment shall be guaranteed by any bonds or financial guar-antees posted with the City.
In addition, the subdivider shall maintain all improvements for such periods specified as in "Maintenance Guarantees" hereunder.
(c) Construction Inspections.
(1) Responsible official. The Engineer shall be responsible for the inspection of all improvements.
(2) Authority and duties of the City's Inspector.
A. Inspectors for the Municipality shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call to the attention of the contractor any failure of the work or materials to conform to the plans and spec-ifications. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the Engineer.
B. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement.
(3) Inspection deposit. The subdivider shall deposit with the City funds to pay for the inspections. The amount of the deposit shall be determined by the City Engineer.
(4) Final inspection.
A. The subdivider, upon completion of all improvements, shall request in writing a final inspection by the Engineer.
B. No improvements shall be accepted by the City until the Engineer certifies that such improvements have been installed properly and are in good repair.
(Ord. 173-2000. Passed 12-17-00.)