(A) General.
(1) As set forth in various sections of the county’s ordinances and these standards, developers of property within the jurisdiction of the governmental unit’s subdivision provisions are required to submit certain plans and specifications for review and approval by the County Engineer. These include such items as grading plans, drainage plans, topographic surveys, plats, street and utility plans and specifications, and any other plans or specifications deemed necessary by the County Engineer. These plans and specifications shall be prepared by competent professionals registered in Minnesota.
(2) The professional services required of the developer might include an architect, land surveyor, planner and engineer. The engineering services shall include not only preparation of plans and specifications but field staking and inspection certification in order to ensure the County Engineer that the completed project is in conformance with the approved plans and specifications.
(B) Procedure. When the development contract provides that the developer shall install any or all improvements, the following procedures shall be followed. When the county or township is to install all or part of the improvements, substantially the same procedure shall be followed, as appropriate, and any contractors employed by the county shall abide by these procedures.
(1) Developer shall submit plans, specifications and copies of all design calculations to the County Engineer for review and approval. Copies of approved permits required by all regulatory agencies shall be furnished to the County Engineer prior to construction. These plans are to be prepared by a registered professional engineer as defined by the appropriate state statutes and shall be in accordance with these standards as outlined herein. The comprehensive plan shall be adhered to in design considerations. All sanitary sewer and watermain testing shall be completed and copies of service ties submitted to the County Engineer prior to issuance of any service connection permits.
(2) Developer shall submit a stormwater pollution prevention plan (SWPPP) and/or appropriate applications as required by the watershed district or Water Management Organization (WMO) to the governing body for review and approval, and to the watershed district, or similar agency, if one exists for review and, if required, approval.
(3) The developer shall be responsible for not only plans and specifications preparation, but also for providing staking and inspection of said improvement. The developer shall be responsible for all costs related to plan and specification preparation, staking and inspection.
(4) Copies of all bids, change orders, and the like, shall be forwarded to the County Engineer.
(5) Developer shall furnish to the county a list of contractors being considered for retention by the developer for the performance of the work required of this contractor along with a list of all subcontractors performing work on the project. The developer shall also require his or her contractor to furnish to the county a certified copy of a financial guarantee in favor of the developer, in a form and amount acceptable to the county, for all proposed work and shall maintain the financial guarantee for the period of one year commencing on the date of final payment for purposes of a warranty.
(6) Guaranty period. If within the time prescribed by law or by the terms of any applicable special guarantees required by the contract documents, any of the work is found to be defective or not in accordance with the contract documents, the contractor shall correct it promptly after receipt of written notice from the owner to do so unless the owner has previously given the contractor a specific written acceptance of the particular defective or nonconforming condition. The owner shall give prompt notice after discovery of the condition.
(7) The development contractor shall take out and maintain in full force for the duration of the contract the insurance designated below. Further, the contractor shall submit certificates of insurance coverage to the county. If any section of the work entails special hazards, the contractor shall provide riders to the public liability and property damage insurance to provide appropriate coverage.
(a) Worker’s compensation. The contractor shall take out and maintain during the life of the contract worker’s compensation insurance for all his or her employees employed at the work site and shall require all his or her subcontractors to maintain insurance similarly. If any employees are engaged in hazardous work not covered by worker’s compensation insurance, the contractor shall provide, and shall require his or her subcontractors to provide, adequate protection from employers’ liability insurance for protection of employees not otherwise protected.
(b) Public liability and property damage. The contractor shall take out and maintain during the life of the contract, public liability insurance and property damage insurance covering personal injury (as determined by the development contract), including death, and claims for property damage which may arise out of work or the work of his or her subcontractors, or by one directly or indirectly employed by either of them.
(c) Automobile liability. The contractor shall take out and maintain during the life of the contract, automobile liability insurance (as determined by the development contract) on all used in connection with the contract, whether owned, non-owned, or hired.
(d) Fire. The contractor shall carry full insurance against loss by fire and wind damage upon all materials in place or stored at the site for installation. This provision does not exclude materials partially paid for by the owner. This insurance shall be for the full insurable value of this material and shall be kept in full force until final acceptance and payment for the work by the owner.
(e) Proof of coverage. The contractor shall submit certification of the required coverages to the county. If any section of the work entails special hazards, the contractor shall provide riders to the public liability and property damage insurance to provide protection from these special hazards.
(8) The developer may furnish and erect a project identification sign on the project site in a location to be approved by the county. The sign may be erected prior to construction and may remain until the development is complete. The sign shall be removed by the developer upon completion of the development. The sign shall meet the requirements of Chapter 154, Sign Regulations of this code of ordinances.
(9) Any changes to the approved plans and specifications shall be approved by the County Engineer in writing before they are made.
(10) The County Engineer will provide periodic inspections of improvements and shall be notified of all tests required so its representatives can be present at the time tests are made.
(11) Upon completion of all the work required, the County Engineer and any other designated representative of the county, a representative of the township, a representative of the contractor and a representative of the developer’s engineer, will make a final inspection of the work. Before the final payment is made to the contractor by the developer, all work shall be completed to the satisfaction of the County Engineer and in accordance with the approved plans and specifications, the developer’s engineer shall submit a written statement attesting to same. Acceptance of said work shall be made by resolution of the County Board upon the recommendation of the County Engineer.
(Am. Ord. 70-2010, passed 1-25-11)