(A) The permittee shall warrant and guarantee that the work within the public place provided for hereunder, and every part thereof will remain free from defects in material and workmanship for a period of one year after the date of final inspection approval by the County Engineer and agrees to make all repairs to and maintain the improvements, and every part thereof, in good condition during that one-year period at no cost to the county. In cases where climatic or geotechnical conditions warrant further observation, or when there is a record of past poor performance, the County Engineer may require a two-year warranty period, in accordance with the state code.
(B) The guarantee hereby stipulated shall extend to and include, but shall not be limited to, the entire street, subgrade, base surface, curbs, gutters, sidewalks and other accessories that are, or may be, affected by the construction operations, and whenever, in the judgment of the County Engineer, said work shall be in need of repairs, maintenance or rebuilding, and upon the applicant’s failure to do so within ten days from the date of the written notice, the County Engineer shall have such repairs made, and the cost of such repairs shall be paid by the forfeiture of the financial guarantee. Where the financial guarantee does not cover the costs of the required repairs, the balance shall be billed directly to the applicant. If the applicant fails to pay the cost of any required repairs, the county is authorized to withhold future permits and proceed with other legal remedies available.
(C) Prior to an applicant’s commencement of construction, financial guarantees for excavations shall be in the form of a cash escrow or performance surety bond equal to 15% of the engineer’s cost estimate for the project. The guarantee shall be deposited and/or executed prior to the issuance of the permit. As long as the financial security covers an amount equal to or in excess of 15% cost of all active projects, a developer may post a revolving security on an annual basis. In the event the applicant fails to complete construction in a safe, timely and competent manner, there shall be recoverable, jointly and severally from the principal and surety at the bond, any actual loss suffered by the county as a result of such failure.
(Prior Code, § 6-1-6) (Ord. 11-12, passed 10-4-2011) Penalty, see § 150.99