(A) General. A guarantee of performance is required guaranteeing that all of the required improvements will be constructed as approved by the County Board.
(B) Estimated cost. The subdivider shall have his or her engineer prepare an estimate of the total cost of all the required improvements. The engineer’s estimate shall include the cost of labor, materials, inspection services and certifications. The estimate shall also include the quantities and construction specifications for the required improvements. The estimate shall be reviewed and approved by the Committee upon written approval of the County Engineer. A copy of the County Engineer’s approval shall be provided to the subdivider and the Administrator.
(C) Performance of guarantee. The performance guarantee shall be in one of the following forms.
(1) Escrow account. The subdivider shall provide an escrow account agreement to the Administrator to be held by a local bank or savings and loan institution conditioned upon the satisfactory completion of the required improvements, which are required by this section to exist in the subdivision. The amount of the account shall be equal to 125% of the total estimated cost of the improvements, as estimated by a registered professional engineer, along with a written statement of approval by the County Engineer. All withdrawals from the account shall be subject to the written release of the Committee upon a written certification by the subdivider’s engineer and the County Engineer that the required improvements for which a withdrawal is being requested have been fully completed and have been constructed and/or installed in conformity with the plans approved by the county. A minimum of 25% of the escrow account shall remain on deposit until the expiration of two years from the date of certified completion of the required improvements and final inspection and written certification by the County Engineer. The form of all escrow accounts or escrow agreements shall be subject to approval by the State’s Attorney.
(2) Irrevocable letter of credit. In lieu of an escrow account, the subdivider shall provide an irrevocable letter of credit to the Administrator from a local bank or savings and loan institution conditioned upon the satisfactory completion of the required improvements, which are required by this section to exist in the subdivision. The amount of the irrevocable letter of credit shall be equal to 125% of the total estimated cost of the improvements, as estimated by a registered professional engineer, along with a written statement of approval by the County Engineer. All withdrawals from the irrevocable letter of credit shall be subject to the written release of the Committee upon written certification by the subdivider’s engineer and the County Engineer that the required improvements for which is being requested have constructed and/or installed in conformity with the plans approved by the county. A minimum of 25% of the irrevocable letter of credit shall remain in effect until the expiration of two years from the date of certified completion of the required improvements and final inspection and written certification by the County Engineer. The form of all irrevocable letters of credit shall be subject to approval by the State’s Attorney.
(D) Inspections required. All construction and installation of work performed on the required improvements shall be inspected by a registered professional engineer at the subdivider’s expense. The subdivider shall require that a registered professional engineer shall be on the job site at times during the process of construction activities and shall periodically inspect the installation and construction of all required improvements to ensure that the development is constructed in compliance with the plans approved by the county. When the work has been completed the registered professional engineer shall provide written certifications that the improvements were inspected during actual construction by the engineer and that the improvements were constructed or installed in complete conformity with the approved plans and specifications. All work shall also be subject to inspection and will be inspected in a timely manner by the County Engineer. Any work shall also be subject at all times to inspection by another affected department, agency, utility or entity.
(E) Notification and timing of inspections. Before the start of construction on any required improvements in the subdivision, the subdivider shall ascertain from the County Engineer and any other affected department, agency, utility or entity, what inspections are required and the amount of notification required in each case, and shall comply with all rules, regulations and instructions to the required inspections.
(F) Subdivider responsibility for inspections and compliance. Regardless of contracts, agreements or inspections performed, responsibility for the inspection of the required improvements during and after completion of the construction and complete compliance with the plans, drawings and specifications as approved by the county shall be the responsibility of the subdivider.
(G) Submission of as built plans. At the end of the two-year period in which the 25% of the performance guarantee has been held, and prior to release of the remaining 25% of the guarantee, the subdivider shall submit five sets of plans and specifications to the Administrator which accurately and completely depict the required improvements as they were actually constructed and installed.
(H) Release of performance guarantee.
(1) The balance of the performance guarantee shall be released upon expiration of the two-year period and upon final inspection and certification on the installation and testing of the required improvements by the County Engineer. The County Engineer shall provide written certification to the Committee that the required improvements have been completed, a list of all deficiencies which have occurred during the past two years, the actions taken by the subdivider to correct these deficiencies, and that the required improvements have been inspected, tested and found in conformity with the subdivision plans as approved by the county.
(2) Upon these certifications of inspection and acceptability, the Committee shall have prepared a written release to the local bank or savings and loan institution where the performance guarantee is held notifying them of the final inspections and that the remaining 25% may be released.
(Prior Code, § 151.48) (Ord. passed 9-10-1973; Ord. passed 5-12-1994; Res. passed 2-24-2005)