17A.20.040 Defect and Maintenance Guarantees.
A. For all road, access, and storm drainage facilities, the purpose of this guarantee is to ensure that until such time that the Defect and Maintenance Guarantee is released:
1. The principal will correct any defects in design, construction, or storm drainage facility performance.
2. Problems caused by or related to inadequate storm drainage facility performance will be corrected by the principal.
3. The principal will correct any violations of County regulations and standards.
4. The principal demonstrates that the storm drainage facilities function properly in the final built-out condition of the project.
5. The principal will thoroughly clean the storm drainage facilities at the conclusion of the defect and maintenance guarantee time period.
6. The public is not responsible for correcting problems caused by or related to defects in design, construction, or storm drainage facility performance.
B. In addition, for road, access, and storm drainage facilities that will be privately owned, maintained, and operated, the purpose of this guarantee is to also ensure that until such time that the Defect and Maintenance Guarantee is released:
1. Problems caused by or related to improper maintenance, improper operation, vandalism, damage from vehicle accidents, or damage from felled trees will be corrected by the principal.
2. The principal performs all necessary maintenance, operation and associated O&M recordkeeping as specified in the project's approved maintenance manual.
C. The guarantee amount shall be for 15 percent of the total cost of the road, access, and storm drainage system construction. The total cost can be based on an estimate by the project engineer, or an executed construction contract. The minimum amount of the guarantee is $5,000.
D. The defect and maintenance guarantee must be submitted to and accepted by the County prior to final construction approval.
E. For all road, access, and storm drainage facilities, the defect and maintenance guarantee time period will be 24 months (two years) unless modified by the County. The defect and maintenance guarantee time period will begin when final construction approval is granted. Final construction approval will be granted by the County when: the guarantee has been submitted and accepted, all punch list items have been completed (including sidewalks and final asphalt lift), approval has been granted by the County Inspector, the record drawings have been approved, the engineer's inspection report form has been approved, and the maintenance manual/maintenance schedule has been accepted.
F. The County may extend the 24-month time period in the following situations:
1. Defects in design, faulty construction, insufficient storm drainage facility performance, or violations of County regulations and standards are discovered.
2. The principal is unable to demonstrate that the storm drainage facilities function properly in the final built-out condition of the project.
3. The principal has not performed the required maintenance or is unable to provide adequate documentation of their maintenance and operation activities.
G. The time period will only be extended if it is necessary to ensure adequate performance and/or compliance with County requirements. The length of any time extension will be determined by the County.
H. The principal may request in writing a reduction in the 24-month time period for projects that have met all the criteria listed below. The intent is to give the principal a method to reduce the standard 24-month time period on projects that can be built and stabilized quickly. This option does not change the terms for releasing the financial guarantee. In no event shall the time period be less than 18 months.
1. All site construction has been completed (including but not limited to houses on lots, paving, sidewalks, buildings, impervious surfaces, pervious surfaces, grading, clearing, vegetation removal, and landscaping). The County must accept that permanent erosion control measures have been fully established prior to the beginning of the wet season.
2. All storm drainage facilities must have gone through one full wet season (October 1 to April 30) after permanent erosion control establishment has been accepted.
3. The project is not being phased.
I. The County will perform regular monitoring inspections during the defect and maintenance guarantee time period.
J. At the end of the defect and maintenance guarantee time period, it is the principal's responsibility to request a financial guarantee release inspection by the County. This request shall be submitted to the County in writing.
K. For road, access, and storm drainage facilities that will be privately owned, maintained, and operated, the request to release the financial guarantee must include copies of all maintenance logs and documentation that show compliance with the approved maintenance manual.
L. Projects will be inspected on a first-come, first-served basis. If no deficiencies are noted, the County will release the financial guarantee. If deficiencies are noted, the principal will be notified of the specific deficiencies to be corrected. The principal will have 30 days to respond. The County may begin collection proceedings after the 30-day period if the deficiencies are not satisfactorily addressed. The guarantee will not be released until the County finds that the deficiencies have been corrected.