Chapter 8.28
CONSTRUCTION REQUIREMENTS—GUARANTEES FOR COMPLETION OF REPAIRS—WARRANTY OF REPAIRS
Sections:
8.28.010 Disturbing county roads.
8.28.020 Construction of county ditches.
8.28.030 Guarantees for completion of repairs.
8.28.040 Repair standards—Conditions of permit.
8.28.050 Release of bond or refund of deposit.
Prior resolution history: 19-E.
8.28.010 Disturbing county roads.
Any person, firm, company, or corporation applying for a permit to disturb any county road shall be required to furnish Chelan County with a deposit or surety bond guaranteeing repairs to the reasonable satisfaction of the county engineer. (Res. 2014-54 (Exh. A), 6/10/14: Res. 122-C, 6/16/52 at Vol. A page 57).
8.28.020 Construction of county ditches.
Any person, firm, company, or corporation applying for a permit to disturb any county ditch shall be required to furnish Chelan County with a deposit or surety bond guaranteeing completion of repairs to the reasonable satisfaction of the county engineer. (Res. 2014-54 (Exh. A), 6/10/14: Res. 122-C, May 28, 1956 at Vol. A page 529).
8.28.030 Guarantees for completion of repairs.
(1) Prior to issuance of a permit for construction, the applicant shall furnish to Chelan County a deposit or surety bond to guarantee completion of repairs, including the restoration of roadway, roadway surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of right-of-way.
(2) A franchise holder may be required to provide to the county a deposit or security bond under this chapter; except, the terms of the franchise shall govern application of the requirement for and form of a guarantee of completion. At the county engineer’s discretion, a franchise holder may furnish a blanket surety bond for multiple franchises or permits in lieu of separate bonds. Such blanket surety bond shall be in an amount acceptable to the county engineer.
(3) The county engineer shall determine whether a surety bond or deposit is required. If a deposit is required, the form of the deposit (e.g., cashier’s check) shall be as approved by the county engineer. The amount of the financial guarantee shall be equal to at least one hundred fifty percent of the estimated cost of completion of repairs. If the permit holder fails to complete repairs within the time required under the permit, the deposit or surety bond may be utilized by the county to perform any necessary work, to reimburse the county for performing any necessary work, and to reimburse the county for documented associated administrative costs. To determine the amount of financial guarantee, the applicant must submit two cost estimates for the cost of repairs, unless the county engineer approves an alternative method. If costs incurred by the county exceed the amount of the surety bond or deposit, the permit holder shall remain responsible to reimburse the county in full for the necessary work and associated administrative costs.
(4) The surety bond requirement shall not apply to public utilities performing work with their own forces.
(5) A surety bond furnished pursuant to this chapter shall be written by a surety company authorized to do business in the state of Washington and shall be in a form and amount satisfactory to the county engineer. (Res. 2014-54 (Exh. A), 6/10/14: Res. 76-39 (part), 4/26/76: Res. 79-97 (part), 7/9/79).
8.28.040 Repair standards—Conditions of permit.
The county engineer is authorized and directed to prepare standards for the required repairs and to require of the permit holder such other conditions as the individual situation warrants. (Res. 2014-54 (Exh. A), 6/10/14: Res. 76-39 (part), 4/26/76).
8.28.050 Release of bond or refund of deposit.
If, in the opinion of the county engineer, the work is repaired to his or her satisfaction at the cost of the permit holder within a reasonable period of time, the surety bond may be released or the deposit may be refunded to the permit holder. (Res. 2014-54 (Exh. A), 6/10/14: Res. 76-39 (part), 4/27/76: Res. 79-97 (part), 7/9/79).
8.28.060 Warranty of repairs.
(1) The permit holder shall repair or replace all defects in workmanship and material discovered within one year after final acceptance of permit holder’s repairs. The permit holder shall start work to remedy any such defects within seven calendar days of receiving the county engineer’s written notice of a defect, and shall complete such work within the time stated in the county engineer’s notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the county, in which case the cost of corrections shall be paid by the permit holder. In the event the permit holder does not accomplish corrections within the time specified in the county engineer’s notice, the county may perform the work and the cost of same shall be paid by the permit holder.
(2) When corrections of defects are made, the permit holder shall then be responsible for correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by the county engineer.
(3) This guarantee is supplemental to and does not limit or affect the requirements that the permit holder’s work comply with the requirements of county road standards or any other legal rights of remedies of the county. (Res. 2014-54 (Exh. A), 6/10/14).