A. 1. An acceptable performance guarantee to protect the County Highway System and to ensure compliance with the terms and conditions of issued permits and the requirements of this Ordinance shall be provided to the McHenry County Division of Transportation prior to issuance of a permit. A Performance Guarantee in the form of:
a. Irrevocable Letter of Credit
b. Cash Bond
is preferred or other guaranteed bonding as deemed good and sufficient by McHenry County and consistent with State Laws. All Performance Guarantees shall be posted in an amount equal to one-hundred fifty percent (150%) of the estimated cost of the improvement after review and approval of the estimate as approved by the McHenry County Division of Transportation. Cost estimates shall include a fifteen percent (15%) construction cost contingency and provide for the County’s cost of administering the completion of the improvement, if necessary, to be estimated at fifteen (15%). This estimate shall also include the cost to relocate any non-municipal utilities (telephone, electric, natural gas, cable TV, etc.) Refer to the Permit Procedures and Requirements Manual for detailed requirements of the cost estimate and Performance Guarantee.
2. The Performance Guarantee shall be valid for a period of no less than two (2) years from the date of Issuance of the Guarantee of a permit. If construction extends beyond the original two (2) year time period, then the Performance Guarantee shall be extended accordingly. If all permitted work has been completed, inspected and accepted by the McHenry County Division of Transportation, and an acceptable Maintenance Guarantee has been provided, then the Performance Guarantee may be released prior to the end of the two (2) year bond period at the discretion of the McHenry County Division of Transportation.
3. The McHenry County Division of Transportation shall be and is hereby authorized to act for the County in all matters relating to Performance Guarantees. The Permit Procedures and Requirements Manual provides detailed information regarding the format and requirements for the various types of acceptable Performance Guarantees.
4. The McHenry County Division of Transportation may, upon reviewing and substantiating good and reasonable cause, waive the Performance Guarantee requirements for certain Major Access, Minor Access and Facility permits.
5. Performance Guarantees shall be required for all Temporary Access locations.
6. During the period the Performance Guarantee is in effect, the owner shall be responsible for the maintenance of all facilities within the right-of-way. The McHenry County Division of Transportation shall provide snow removal of the open lanes of the County Highway pavements, but shall not be responsible for any snow removal from pavements located behind work zone traffic control devices or entry roadway pavements within the County Highway right-of-way. The owner shall be responsible for the removal of snow, ice, gravel and other debris from the paved surface of the access and keeping the access in a safe condition for the general public. Said activities shall not impede or hinder the McHenry County Division of Transportation in its maintenance operations.
B. Default on Performance.
1. If the owner fails to perform the work with sufficient work force, equipment and materials to insure the completion of said work within the specified time, or performs the work unsuitably as determined by the McHenry County Division of Transportation, or discontinues the execution of work, or refuses to perform anew such work as has been rejected by the McHenry County Division of Transportation as defective and unsuitable, or for any other cause whatsoever does not carry on with the work in an approved or safe manner, the McHenry County Division of Transportation shall give notice to the owner and the owner’s bank or surety, by registered mail, of such delinquency with said notice to specify the corrective measures required. After said notice, the McHenry County Division of Transportation shall draw on the Performance Guarantee to have the work completed in accordance with the terms of the Permit, Performance Guarantee, and this Ordinance.
2. The McHenry County Division of Transportation, upon receipt of funds, may then take over the work, including any and all materials on the project site, as may be suitable and acceptable, and may complete the work with the McHenry County Division of Transportation forces or any other method as the McHenry County Division of Transportation may deem necessary in order to facilitate completion of the work in an acceptable manner.
(Ord. O-200811-82-068, passed 11-6-2008)