A. General. Unless otherwise determined by the director in writing, developers shall provide guarantees as required by subsections (C) and (D) of this section. The director is authorized to require developers constructing stormwater facilities (including, but not limited to, retention/detention and/or other drainage treatment/abatement facilities) to post surety bond(s) or other form of guarantee acceptable to the city in addition to or in lieu of the guarantees in subsections (C) and (D) of this section.

B. Combinations of Guarantees. Where a developer has previously posted, or is required to post, bonds or other such guarantees on the facility itself or on other construction related to the facility, such developer may, with the permission of the director and to the extent allowable by law, combine all such bonds into a single bond in a form acceptable to the city; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such a bond shall on its face clearly state those separate bonds which it is intended to replace.

C. Performance. Prior to commencing construction, the developer constructing the facility shall post a performance guarantee as set forth under the current City of Everett Design and Construction Standards and Specifications.

D. Maintenance. After satisfactory completion of the facility, the developer constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. In addition, the developer shall provide a maintenance guarantee as set forth by the current city of Everett Design and Construction Standards and Specifications.

E. Liability Insurance. If required by the director, the developer constructing the facility shall maintain a liability insurance policy with limits of one million dollars per occurrence and five million annual aggregate or other limits as required by the director, which shall name the city as an additional insured and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. This liability policy shall be maintained for the duration of the facility by such developer of the facility; provided, that in the case of facilities assumed by the city for maintenance pursuant to EMC 14.28.090, the liability policy shall be terminated when city accepts the facility and city maintenance responsibility commences. (Ord. 3880-22 § 4 (Exh. A), 2022.)