11-6-1 Construction Of Public Improvements

A. Construction Drawings: The subdivider's engineer shall be a professional engineer licensed in the state and shall prepare, or shall be responsible for the preparation of, all construction drawings relative to public improvements in and out of the subdivision. The subdivider's engineer shall also prepare, as part of the construction documents, an estimate of the cost of construction of all the public improvements. All such drawings shall be reviewed and approved by the city, and two (2) copies, in addition to one reproducible set of such drawings, must be submitted with the final plat to the ALUA. One of the two (2) copies submitted will be returned to the subdivider with an approval mark from the city engineer. This approved set shall be kept at the construction site. The subdivider shall coordinate all preparation and construction activities with the city engineer. The city engineer shall review the estimate of the cost of construction for the purpose of determining the amount required as security of performance. B. Security of Performance: The security of performance required by this subsection is to assure the city that all improvements are constructed in conformance with all relevant city ordinances, regulations and standards, and to assure the city that all expenses incurred for labor and materials used in the construction of the same are paid for by the subdivider. 1. Amount: The amount of the security of performance may not exceed the sum of 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and110% of the amount of the bond to cover administrative costs incurred by the municipality to complete the improvements, if necessary. (6-2024, 11-19-24) 2. Methods: The security of performance required by this subsection may, at the city's sole discretion, be furnished by any of the following methods: a. By providing a performance, surety or cash bond in the amount specified and conditioned upon payment by the subdivider of all expenses incurred for labor and materials used in the construction of the required improvements. This method of security is preferred by the city. b. By depositing the specified amount of cash in a bank account to which the city alone has access, but only under the following conditions: to repair, replace or complete the improvements as set forth below. c. By providing the city with an irrevocable letter of credit issued by an acceptable financial institution naming the city as the sole beneficiary with a maturity date of at least three (3) years from the date of recording the final plat. (9-2021, 11-16-21) 3. Guarantee of Work: The city may hold five percent (5%) of the security of performance provided by the subdivider until one year following the final inspection by the city engineer, or for such other period of time less than one year as the city deems necessary to ensure compliance as set forth herein. (See River Heights City Construction Specifications/Standards.) (1-2015, 623-15) 4. Foreclosure on Security: In the event construction of the public improvements is not completed, or is not completed in a satisfactory manner, within the negotiated time period, but not to exceed two (2) years from the date the final plat was approved with all required signatures, the city may proceed to install the improvements at the subdivider's expense by foreclosing on the subdivider's security of performance. If said security is insufficient to pay for said improvements which the city shall cause to be installed, then the subdivider shall be liable for any deficiency and reasonable attorney fees realized by the city. 5. Failure to Meet Standards: In the event the public improvements fail to meet the standards as set forth in the subdivider's written guarantee, the city shall so notify the subdivider, who shall be given a reasonable time to repair or otherwise correct as requested or the city may proceed to repair or replace the unsatisfactory improvements at the subdivider's expense by foreclosing on any security of performance still held by the city; and, in addition, the city may avail itself of any other remedy provided to it under the laws of the state and of the city. C. Construction and Inspection: 1. Minimum Improvements: Construction of public improvements shall proceed only after the construction drawings have been approved by all required entities. Building lots may be sold by the subdivider for the proposed subdivision only after the final plat has been recorded. The following minimum improvements shall be complete and in place before the city will issue a building permit for any lot within the proposed subdivision: a. Completion of roadways and street lighting, as shown on the approved construction drawings; (1-2016, 3-22-16) (2-2017, 3-14-17) b. Water, sewer, power and all other utilities that will be placed in the roadbed as identified on the approved construction drawings; and c. Egress and ingress to provide acceptable and safe travel to and from each lot in the approved subdivision. 2. Time of Construction: All public improvements shall be completed within a negotiated time period (as per the development agreement), but not to exceed two (2) years from the date the construction drawings were approved by all required entities. The city engineer shall inspect the construction at appropriate times as construction proceeds. The subdivider shall give the city engineer a minimum of one working days’ notice for any inspection. 3. Inspection upon Completion: At the completion of construction, or at the end of the maximum two (2) year time period, whichever comes first, the city engineer shall make an inspection of all improvements and inform the subdivider and the city of the results of the inspection. If, at the completion of construction, the subdivider shall call for inspection by the city engineer, then said inspection shall be made within ten (10) days of the request. The subdivider's engineer shall provide the city engineer with "as built drawings" accurately defining, for permanent record, the surface improvements and underground utilities as they were actually constructed. A construction punch list will be made by the city engineer indicating the items missed or needing correction prior to acceptance of the improvements by the city engineer, and all required replacements or repairs shall be completed by the subdivider, at the subdivider's expense, prior to acceptance by the city. 4. Statement of Completion and Compliance: The subdivision of lands shall not be accepted by the city without the city and subdivider first receiving a statement signed by the city engineer that the improvements described in the construction drawings have been completed and that they meet the minimum requirements of all the ordinances, resolutions, rules and regulations of the city, that they comply with the recommendations of the county board of health, the ALUA, the fire department, and with the standards, rules, regulations and policies formulated by the city engineer and by the various city departments and approved by the city council; which standards, rules, regulations and policies the city council is hereby empowered to approve and adopt by resolution or ordinance, and the same are hereby incorporated in this title by reference. Additionally, any subdivision of lands shall not be accepted without the subdivider having first provided the city with a one-year written guarantee on all public improvements installed therein. 5. Delay of Improvements: As mentioned above, some improvements, such as sidewalks, may be delayed until home or building construction is reasonably complete; provided, that the subdivider furnishes to the city a security of performance, as set forth in subsection B of this section. The amount of the said security shall be estimated by the subdivider's engineer and approved by the city engineer. Said security shall be required for the purpose of assuring payment by the subdivider of all expenses incurred for labor and materials used in construction of the required improvements. In no event shall the city be deemed liable under this section for any claim asserted by a laborer or material person. (Ord., 8-12-2003)