A. 1. To ensure that all road and access work completed as a condition of a permit issued under this Ordinance is constructed of sufficient materials and workmanship, and to allow the work to be monitored under traffic conditions for a full season, a Maintenance Guarantee shall be required as a condition of release of the Performance Guarantee. A Maintenance Guarantee shall be submitted by the owner to the McHenry County Division of Transportation after satisfactory completion of all required permit work as determined by and based upon an acceptable final inspection by the McHenry County Division of Transportation.
2. A Maintenance 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 Maintenance Guarantees shall be posted in an amount equal to fifteen percent (15%) of the amount of the original Performance Guarantee. The Maintenance Guarantee shall be valid for a period of no less than one (1) year from the date of final acceptance by the McHenry County Division of Transportation. The McHenry County Division of Transportation has the right and authority, based on the inspection of the improvements prior to release of the Performance Guarantee, to request a period longer than one (1) year, but no more than three (3) years for the Maintenance Guarantee.
3. The McHenry County Division of Transportation shall be, and is hereby authorized to act for the County in all matters relating to Maintenance 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 Maintenance Guarantee requirements for certain Minor Access and Facility permits where disturbance in the right-of-way is outside of County Highway pavements and limited in nature.
5. All failures that occur during the Maintenance Guarantee period shall be corrected by the owner and restored to a condition satisfactory to the McHenry County Division of Transportation. During the Maintenance Guarantee period, the McHenry County Division of Transportation shall maintain, in accordance with its normal maintenance policies, the pavement, shoulders, ditches and drainage facilities, pavement markings and traffic control devices, curb and gutter and the turf area located within the right-of-way. Systems or facilities specifically permitted separately, requiring maintenance by others (e.g. sidewalks, bike paths, water and sanitary sewer, special landscaping, other utilities) shall be excluded and maintained by parties other than McHenry County Division of Transportation.
6. At the end of the Maintenance Guarantee period, a maintenance Inspection will be conducted by the McHenry County Division of Transportation. If all permitted work is acceptable, the Maintenance Guarantee will be released. If the permitted work is deemed unacceptable at the end of the Maintenance Guarantee period, the owner shall affect such repairs as necessary and the Maintenance Guarantee period extended until the McHenry County Division of Transportation is satisfied with the permitted work.
B. Default on Maintenance. If the owner fails to restore, repair, or replace any portion of the permitted work within the period of the Maintenance Guarantee to satisfactory conditions, or performs said work unsuitably, as determined by the McHenry County Division of Transportation, or for any other cause whatsoever shall not carry on the restoration in a suitable manner, the McHenry County Division of Transportation shall give notice, by registered mail, to the owner and the owner’s surety specifying the corrective measure(s) required. If after a period of thirty (30) days after receipt of said notice, the owner or the owner’s surety does not proceed in accordance therewith, the McHenry County Division of Transportation shall call upon the Maintenance Guarantee and affect completion of the required restoration work in accordance with the terms of the Maintenance Guarantee.
(Ord. O-200811-82-068, passed 11-6-2008)