§ 42-153. Inspection.

(a)

All construction, such as street grading street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers, and water mains, shall be subject to inspection during the construction period by the proper authorities of the city, and shall be constructed in accordance with the approved engineering plans and the standard specifications governing such work.

(b)

Upon completion of construction the city secretary may request the engineer for the city to make a final inspection of the work and to file a report of the results of such inspection.

(c)

Before work may begin, the subdivider shall furnish the city with an inspection fee equal to four percent' of the total amount bid for the project including all bonds.

(d)

Prior to initiating construction on any street, the contractor shall provide 48-hour notice to the city secretary so that city inspection personnel will be available to monitor the work. The contractor shall provide access for authorized city personnel to the construction site at all times. The contractor shall not proceed with construction unless an authorized city inspector is present and has given consent to proceed. The contractor shall make such laboratory tests of material and compaction at his expense as may be required at any time by the city. In addition:

(1)

The subdivider shall delay connection of buildings to service lines of sewer and water mains until the sewer and water mains and service lines have been completed and accepted by the city.

(2)

The subdivider shall obtain from the appropriate city inspector a certificate of acceptance that the contractor's work has been satisfactorily completed in accordance with the city requirements.

(3)

It shall be the duty of the subdivider to notify all contractors and sub-contractors working for him that all of their work is subject to inspection by the city inspector at any time. Certification of materials being used may be required by the city inspector.

(4)

Laboratory tests required by the city inspector shall be performed by approved independent testing laboratories and will be at the discretion of the city inspector. Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and bituminous materials as used in construction, ASTM Designation E 329. All costs for laboratory tests shall be borne by the subdivider or his contractor.

(5)

Should any point not be covered in the plans, or subdivider's agreement, the subdivider shall be required to contact the city engineer for a determination as to the city's requirements.

(6)

Any work, which in the opinion of the city inspector that does not meet the city requirements or has not has proper city inspection shall be corrected. The inspector shall notify the contractor and subdivider in writing, of the reasons for requiring the contractor to cease all operations until the defect has been corrected in order to comply with city requirements and receive proper inspection.

(e)

Approval of work.

(1)

All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the city engineer, whose decision shall be final.

(2)

The city shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the city. The developer is strongly urged to withhold final payment to the contractor until such acceptance occurs, since the city shall hold the developer responsible for completion of the project. The city shall not approve or arbitrate quantities for which payment is to be based.

(f)

Ownership and maintenance of completed public facilities. Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels within dedicated right-of-way and easements shall be and remain the property of the city. The contractor shall be responsible for maintenance of the completed public improvement for a two-year period, following acceptance by the city. After expiration of the two-year maintenance period, the improvements shall be maintained by the city.

(Code 1994, ch. 9, art. 37; Ord. No. 248, exh. A(art. 37), 3-24-1997)