Loading...
(A) An acceptable performance guarantee to protect the county highway system and ensure compliance with this chapter shall be provided prior to the issuance of a permit as provided for in this chapter.
(B) The performance guarantee shall be an irrevocable letter of credit for the following permit types:
(1) Major access.
(2) Temporary accesses for major earth work activities or prior to a permanent access.
(3) Minor access.
(4) Utility or facility permit which requires any open cut of county highway pavement.
(C) The performance guarantee shall be in the form of a cash bond, irrevocable letter of credit, or surety bond for all other types of permits.
(D) The County Engineer shall be and is hereby authorized to act for the county in all matters relating to performance guarantees.
(E) The County Engineer may accept a Letter of Agreement in lieu of a Letter of Credit for improvements performed or sponsored by a local agency.
(F) In the event an applicant applies for a temporary access to be constructed prior to execution of the permit for the permanent improvements, a Temporary Letter of Credit must be executed prior to execution of the temporary access permit. The amount of the Temporary Letter of Credit shall be 125% of an estimated cost submitted to and approved by the WCDOT for the conceptual permanent roadway improvements.
(G) The performance guarantee must contain the permit application number or the project name and county highway name on the guarantee. The amount and length of term of the performance guarantee shall be as identified in the Technical Reference Manual, based on the permit type.
(Ord. 20-231, passed 7-16-2020)
Every irrevocable letter of credit provided pursuant to this section shall be from a bank acceptable to the County Engineer having capital resources of at least $50,000,000 and being insured by the Federal Deposit Insurance Corporation. Each irrevocable letter of credit shall, at a minimum, provide that (i) it shall expire no earlier than 24 months after the date of issuance and, in no event, until 60 days after written notification of such expiration has been given by the issuing bank to the WCDOT; and (ii) it shall not require the consent of the permittee prior to any draw on it by the WCDOT. The format and language of the irrevocable letter of credit shall be determined by the County Engineer as advised by the State's Attorney.
(Ord. 20-231, passed 7-16-2020)
All cash bonds posted shall be made payable to the Will County Treasurer and shall be submitted to the County Engineer. The type of cash bond provided may be a cashier's check, bank draft, certified check, or bank money order. A certificate of deposit is not acceptable. The County Engineer may deposit a cash bond with the Will County Treasurer. No interest shall be paid on any such cash bond so deposited.
(Ord. 20-231, passed 7-16-2020)
All surety bonds snail be issued by a surety or insurance company authorized by the Illinois Department of Insurance to sell and issue sureties in the State of Illinois. The discharge of the surety under all surety bonds shall be conditioned upon the completion of the permitted work and restoration of the county right-of-way to its original condition or better within the specified time period of the permit, in strict conformance with the provisions of this chapter and any permit issued hereunder. Said surety bonds shall be payable to the Will County Treasurer and shall be submitted to the County Engineer and shall be of a term of a minimum of 24 months. The format and language of the surety bond shall be determined by the County Engineer as advised by the State's Attorney.
(Ord. 20-231, passed 7-16-2020)
(A) The County Engineer shall establish performance guarantee policies showing the items and costs used to determine performance guarantee amounts and the length of the term of the performance guarantee. Such items shall reflect the costs needed to restore the right-of-way of the county highway to its original conditions or better. Additional costs may be added to insure completion of the work permitted under this chapter.
(B) he length of the term for performance guarantees shall be the amount of time required to complete the permitted work and restoration work plus any additional time to ascertain any problems with the permitted work and restoration work. In no case shall the length of the term for the performance guarantee be less than 24 months.
(Ord. 20-231, passed 7-16-2020)
If the permittee fails to perform the work with sufficient work force and equipment or with sufficient materials to insure the completion of said work within the specified time, or performs the work unsuitably as determined by the County Engineer, or neglects or refuses materials or performs any such work as shall be rejected as defective and unsuitable, or discontinues the execution of the work, or for any other cause whatsoever does not carry on the work in an approved manner, the County Engineer shall give notice to the permittee and the permittee's bank or surety, if any, of such delinquency. Said notice shall specify the corrective measures required. After said notice, the County Engineer shall draw on the performance guarantee to have the work completed in accordance with the terms of this chapter, the permit, and the performance guarantee. The County Engineer shall deliver any funds drawn upon to the Will County Treasurer and request deposit in the appropriate fund. The WCDOT may then take over the work, including use of any or all materials or equipment on the ground as may be suitable and acceptable and may complete the work with any such other methods as, shall be required for the completion of the work in an acceptable manner.
(Ord. 20-231, passed 7-16-2020)
(A) Improvements.
(1) A maintenance guarantee, if required by the WCDOT, shall be submitted by the permittee to the County Engineer upon satisfactory completion of all improvements and release of the performance guarantee. The term of the maintenance guarantee shall be for two years following completion, approval, and acceptance of the improvements. All failures that occur during the two-year period shall be corrected by the permittee and restored to a satisfactory condition, subject to the approval of the County Engineer. The amount of the maintenance guarantee shall, at a minimum, equal 15% of the original amount of the performance guarantee. This requirement may be waived upon review by the County Engineer if deemed unnecessary. The County Engineer shall be, and is hereby authorized to act for the county in all matters relating to maintenance guarantees.
(2) A maintenance guarantee shall be in the form of an irrevocable letter of credit for all minor and major accesses, including any temporary access. All maintenance guarantees shall be payable to the Will County Treasurer, delivered to WCDOT and originate from a bank or surety/insurance company that satisfies the requirements of § 56.172.
(B) Default. If the permittee fails to restore to satisfactory condition the pavement or other improvements, within the specified time, or shall perform the work unsuitably as determined by the County Engineer, or for any other cause whatsoever shall not carry on the restoration in a suitable manner, the County Engineer shall give notice to the permittee and the permittee's bank or surety, if any. Said notice shall specify the corrective measures involved. If the permittee, within a period of ten days after said notice, does not proceed in accordance therewith, the County Engineer shall draw on the maintenance guarantee to have the work completed in accordance with this chapter, the permit, and the terms of the maintenance guarantee. The County Engineer shall deliver any funds drawn upon to the Will County Treasurer and request deposit in the appropriate fund.
(Ord. 20-231, passed 7-16-2020)
(A) In case future improvements to the county highway may be necessary as the result of construction of an access-related improvement, the County Engineer may require that funds for said future improvements be deposited with the Will County Treasurer in escrow to pay such costs. The permittee shall be responsible for all costs of a future improvement to a county highway as a result of an issued access permit. The parties shall proceed as described in § 56.068(C).
(B) The amount to be in the escrow shall be equal to the current estimated cost of the improvement plus 30% of the cost for the county to administer the improvement. A cashier's check, bank draft, certified check, or bank money order in the amount equal to 130% of the current estimate of costs of the improvement shall be made payable to the Will County Treasurer and shall be submitted to the County Engineer for deposit in an escrow account to be used only for the improvement specified. A certificate of deposit shall not be acceptable.
(C) If, within a period of six years from the date of the issuance of an access permit, the funds deposited in the escrow account, as well as any interest income earned during that time, have not been used to pay for the specified improvement, the funds in the escrow account, plus any interest income earned, shall be returned to the permittee and any further obligation of the permittee for the specified improvement shall be terminated.
(D) he period of time, as specified herein, may be extended upon the written approval of the County Engineer and the owner.
COMMENTARY:
An example of a future improvement requiring escrow funding could be a staged or phased development over a period of several years. The traffic impact study may show that a traffic signal is not currently warranted but would be warranted as subsequent development stages or phases are completed.
(Ord. 20-231, passed 7-16-2020)
(A) Proof of insurance for all forms of insurance required by this chapter shall be provided to the WCDOT prior to the issuance of a permit. This insurance is to provide protection against all claims for damage to public or private property, and injuries to persons, arising out of and during the progress of the permitted work to its completion. The certificate of insurance must include the permit number or the project name and county highway location on the certificate. All parties working within the ROW shall be required to provide proof of insurance.
(B) The County Engineer shall determine the minimum acceptable amounts for the following types of insurance: (1) bodily injury liability and (2) property damage liability. There shall be no restrictions on occurrence limits. The County Engineer may, at his or her sole and exclusive discretion, upon receipt of written application from the permittee substantiating good and reasonable cause, allow the indemnification to be provided by someone other than the permittee for a single family homeowner, not for profit organization, or local agency. The Technical Reference Manual provides detailed information on these limits and all other insurance requirements not specified in this chapter.
(C) The certificate(s) shall contain a provision that coverages afforded under the policies will not be canceled or non-renewed, and that restrictive modification cannot be added until at least 30 days after written notice has been given to the WCDOT. A mere intent to notify the WCDOT of cancellation is not acceptable. The permittee shall cease, or cause to be ceased, operations, work, and construction of an improvement if the insurance is canceled or reduced below the required minimum amount of coverage as determined by the County Engineer.
(D) Insurance coverages which are to remain in force and effect after completion of the construction will require an additional certificate(s) evidencing continuation of such coverages.
(E) Such additional certificate(s) shall be submitted upon completion and acceptance of the construction improvements and upon one year thereafter. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the permittee with reasonable promptness in accordance with the permittee's information and belief. Any acceptance of proof of insurance by the WCDOT shall in no way limit or relieve the permittee of the duties and responsibilities assumed by the owner. Acceptance of insurance certificates not in compliance with the provisions of these requirements by WCDOT shall not affect or constitute a waiver of these requirements.
(Ord. 20-231, passed 7-16-2020)