(a) A private party (hereinafter called the “Applicant”) shall file an application with the City Engineering Department for the construction of water mains (hereinafter called the “projects”) inside or outside any incorporated area of the City.
(b) Such application shall be made on the form supplied for that purpose by the City Engineering Department.
(c) The Applicant shall submit to the City Engineering Department construction plans, drawings, specifications, cost estimates, vehicular traffic plans, and such other documents as may be required for the Department’s review of the project.
(d) The Applicant shall supply the City with all easements required for maintenance of the lines without charge.
(e) Engineering, materials, construction and testing of the project shall conform with the City’s plans, specifications, rules and regulations.
(f) When the City Engineering Department approves all documents submitted and the foregoing subsections (a) through (e) have been satisfactorily accomplished, he shall so certify his approval by letter to Council.
(g) Council may then grant permission to the Applicant to construct such project by resolution, contingent upon the Applicant entering into an acceptable contract with the City, and fulfilling the requirements of these regulations.
(h) The contract shall contain as a minimum the following requirements:
(1) Comprehensive general liability. The comprehensive general liability coverage shall include completed operations - products coverage, personal injury coverage, and contractual liability coverage to satisfy the indemnification clause included in this contract. Explosion, collapse and underground hazards liability coverages shall be included in the general liability coverage when occasioned by the contractor’s sub-surface operations.
The comprehensive automobile liability coverage shall include non- ownership and hired cars coverage. The minimum limits of liability for all coverages above shall be as follows, unless otherwise specifically required by special provisions in the construction specifications of this contract:
Amount of Contract: | Under $50,000 | Over $50,000 But Under $500,000 | Over $500,000 | Over $1,000,000 |
Bodily Injury Liability: | (1)* | |||
Each Person | $100,000 | $500,000 | $1,000,000 | |
Each Occurrence | $300,000 | $500,000 | $1,000,000 | |
Aggregate | $300,000 | $500,000 | $1,000,000 | |
Property Damage Liability: | ||||
Each Occurrence | $100,000 | $250,000 | $500,000 | |
Aggregate (Except Auto) | $100,000 | $250,000 | $500,000 | |
(1)* Special conditions will affect limits to be determined. Generally applicable to above ground facilities, not water lines.
(2) Workers’ Compensation. The contractor shall comply with the Ohio Workers’ Compensation Act for all of his employees engaged in work under this contract.
(3) The City shall be reimbursed by the Applicant for its inspection cost.
(4) The Applicant shall provide bond of sufficient amount to compensate the City for completing the project if necessary.
(5) Upon completion of construction and final approval of said project by the City Engineering Department, said lines shall be conveyed to the City.
(6) If requested by the Applicant on his original application and approved by the City, the City shall collect and return to the Applicant a prorated share of the cost of such improvement in any instance where connection is made within a ten-year period by a non-participant in the original cost.
(7) Such prorated share shall be based on the front footage of improvement to the non-participant and shall not be in excess of the amount chargeable to such non-participant if he had participated in such improvement and shall not exceed the current City front foot charge as listed in the City of Alliance Water Department, Rules and Regulations.
(8) To determine the costs of such project, the Applicant shall provide the City Engineering Department with certified copies of all payrolls, material, supplies and services used on the project.
(9) The City shall collect and return to the Applicant such prorated shares of the cost for a ten-year period from the date of final project approval by the City, or until such time as the Applicant has recouped his entire cost of construction, whichever shall first occur.
(i) Upon execution of such contract, the Applicant shall file a copy of the ordinance and the contract with the City Auditor, and shall pay the fee for each such ordinance (with contract) filed.
(j) A copy of the executed documents required in subsection (h) shall be filed with the Alliance Engineering Department prior to commencement of any construction work.
(k) When such ordinance has been adopted and contract completely executed, and both filed with the City Auditor, the Applicant shall be given notice in writing by the City Engineering Department that he may proceed.
(l) All construction shall conform with the approved plans.
(m) All construction and testing shall be under the supervision and inspection of the City Engineering Department.
(n) The costs provided in subsection (h)(3) hereof shall be paid in full before final approval is given to such project and use of the facility is permitted.
(o) Final approval of the project and use of the facility shall be contingent upon the Applicant’s satisfactory fulfillment of these regulations and the terms of the contract.
(p) After the date of final approval of the project, and as provided in subsection (h)(6) hereof, the City Engineering Department shall collect a prorated share of the cost of such improvement whenever a non-participant connects as provided in subsections (h)(6), (7), (8) and (9), and return such share of payment to the Applicant without a charge for such service.
(q) A non-participant shall not be issued a connection permit until his share of the cost has been paid to the Alliance City Auditor.
(Ord. 110-99. Passed 8-2-99.)