§ 11-74. Construction Plans and Specifications Approval; Insurances and Additional Bonding Requirements.

(a)

Submission Requirements and Procedures:

(1)

Receipt by the developer of the Planning Board's written approval of the Preliminary Plat authorizes the Developer to proceed with the development of the detailed plans and specifications for the proposed improvements. The detailed construction plans and specifications consisting of the following shall be developed by a professional engineer registered in the State of Arkansas and submitted to the appropriate agency for review and approval prior to the developer advertising for bids or beginning construction.

(2)

Payment of the construction plans and specification review fee contained in section 11-76.

(3)

One (1) copy of the Preliminary Plat and approval letter from the Planning Board.

(4)

Three (3) complete sets of construction plans and specifications for the proposed improvements containing the following information for review and approval by the County Road Superintendent. One (1) approved copy will be returned to the developer. The plans shall include:

a.

Street classifications, soils analysis, street typical section and pavement section of each street or street classification in the proposed development in accordance with the requirements of this Article.

b.

Street profile, design calculations, soils analysis and plans and specifications in accordance with the requirement of this Article.

c.

Storm drainage calculations, profile and plans and specifications in accordance with the requirements of this Article.

d.

As appropriate, design calculations, profile and plans and specifications for all required off-site improvements in accordance with the requirements of this Article.

e.

The engineer's estimated cost of all improvements.

f.

One (1) copy of the water and sanitary sewer profiles.

(5)

Two (2) sets of the water and sanitary sewer plans and specifications shall be submitted to the Arkansas Department of Health for approval.

(b)

Bonding and Insurance Requirements: The contractor and subcontractor performing the grading, street, storm drainage, water and sanitary sewer improvement construction shall carry the following:

(1)

Performance and payment bonds in the amount of one hundred (100) percent of total construction costs.

(2)

Workmen's Compensation Insurance for all employees and those subcontractors engaged in work on the site, in accordance with Arkansas' Compensation Laws.

(3)

Insurance for protection against damage which may arise from operations of the kinds and limits listed below:

a.

Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than five hundred thousand dollars ($500,000.00) on account of one (1) accident.

b.

Property damage and vehicle liability insurance in an amount of not less than five hundred thousand dollars ($500,000.00) for one accident, and subject to that limitation, in an amount not less than five hundred thousand dollars ($500,000.00) for all damages to or destruction of property during the policy period.

(4)

In addition, the contractor shall obtain insurance, running for the construction period of the project, naming as the insured therein all officials and employees of Washington County and their representatives. Such insurance shall be in form and substance similar to Railroad Protective Liability Policy as approved by Federal, State and Railroad agencies. Limits of liability shall be the following:

Bodily injury liability (including death):
   $500,000.00 each person
$500,000.00 each occurrence

Physical damage liability (damage to or destruction of property):
   $500,000.00 each occurrence
$500,000.00 aggregate

(5)

Proof of insurance coverage shall be furnished by the Contractor to the County Road Superintendent prior to commencement of work on the site. Insurance shall be carried with insurance companies licensed in the State of Arkansas. The required insurance shall be kept in force until the contractor's work is accepted by the County.

(c)

County Road Superintendent's actions: Within fifteen (15) days, the County Road Superintendent shall approve, disapprove, or approve with conditions the street and storm drainage plans and specifications in writing and return one (1) copy to the developer. However, any approval action of the plans and specifications does not constitute approval of the Final Plat.

(d)

Inspections by the County Road Superintendent: All street and storm drainage and utility construction within the road right-of-way shall be subject to inspection by the County Road Superintendent. The required phase inspections are contained in division 7.

(e)

Time Limitations and Stage Construction:

(1)

After approval of the detailed plans and specifications of proposed improvements, construction work shall begin within one (1) year and the construction completed within three (3) years thereafter. If not, the original plans and specifications shall be subject to review and updating by the appropriate agencies. Any changes resulting from this review and updating shall be made at the developer's expense.

(2)

Stage Construction: The following applies to land developments approved for stage construction:

a.

If the detailed plans and specifications for the future stage(s) are submitted and approved as part of the original plans and specifications and construction has not started within three (3) years after the approval date, or if construction work ceases for any twelve-month period thereafter, the plans and specifications shall be resubmitted to the appropriate agencies for review and updating to meet the current standards and specifications. Any changes resulting from this review and updating shall be made at the developer's expense.

b.

If the detailed plans and specifications for any future stage are developed at a later date, they shall be submitted to the appropriate agencies. The plans and specifications shall meet the current standards, regulations and specifications at that time.

(f)

Maintenance Bond Requirements: Upon completion of the work and final inspection by the appropriate agency, the developer shall furnish the following maintenance bonds:

(1)

Street and storm drainage improvements: An acceptable maintenance bond shall be provided in the amount of fifty (50) percent of the actual construction cost against defects in workmanship and materials for a period of one (1) year from the date of the final inspection. The bond shall be filed with the County Judge's office after the final inspection and prior to acceptance by the County.

(2)

Water and sanitary sewer improvements: An acceptable maintenance bond shall be provided in the amount of fifty (50) percent of the actual construction cost against defects in workmanship and materials for a period of one (1) year from date of the final inspection. The bond shall be filed with the appropriate government agency after the final inspection and prior to the acceptance by the County.

(3)

Stage construction: When stage construction is approved prior to future stage development, an inspection of the condition of the existing street system shall be made by the County Road Superintendent, developer, contractor and engineer to document the existing condition of the streets. The contractor shall make repairs to street damages as they occur during the construction of the next stage of development. An inspection of the existing street system shall be made as a part of the final inspection of the new stage of street improvements. All damages noted by the County Road Superintendent shall be satisfactorily corrected prior to acceptance of the new stage of improvement. Repair of all damage will be at the developer's expense.

(4)

Water, sanitary sewer, street and storm drainage in a new stage of construction shall carry the normal one-year maintenance bond as specified for the initial construction of improvements, as outlined in subsections (1) and (2) above.

(g)

Conditions of Acceptance:

(1)

The County shall not have any responsibility with respect to any street, road or other improvement, notwithstanding the use of the same by the public, unless the street, road or improvement has been accepted by the County.

(2)

The County shall, within thirty (30) days after the improvements have been offered for dedication to the County, accept the improvements provided the improvements have been constructed in accordance with the conditions and requirements of the County. County maintenance will begin when the required one-year maintenance bond has expired.

(3)

Prior to requesting final acceptance of the improvements into the County System, the developer shall submit the following:

a.

Two (2) copies of the as-built plans for street and storm drainage and two (2) copies of the as-built plans for water and sanitary sewer shall be submitted to the Washington County Planning Office.

b.

The appropriately executed maintenance bonds shall be submitted to the Washington County Planning Office.

c.

Certified proof that all improvements are free of liens and debts shall be submitted to the Washington County Planning Office.

d.

Certified proof that all county taxes and professional fees and improvement costs have been paid shall be submitted to the Washington County Planning Office.

(Ord. No. 91-9, Art. 1, § 2.04, 4-11-91)