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§ 11.05.010.020 ADHERENCE TO STANDARDS.
   It is the policy of the city and Public Works Department (PWD), that in most cases, adherence to these adopted standards will not create undue hardship or not be in the public’s best interest.
   (A)   However, when unique circumstances make adherence to these standards impractical, or would create a condition detrimental to the public interest, the PWD will consider alternate solutions.
   (B)   Any alternate solutions must follow sound engineering and/or construction practices.
   (C)   The City Council will consider deviation requests from these standards, after review and recommendation from the Public Works Committee.
(Prior Code, § 11.05.010.020) (Ord. 2019-9, passed 9-3-2019; Ord. 2021-15, passed 12-20-2021)
§ 11.05.010.030 ADOPTION OF MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS.
   The city adopts the current edition of the Montana Public Works Standard Specifications (MPWSS).
   (A)   Modifications to the MPWSS are set forth in this document.
   (B)   These changes and/or additions shall in all cases either govern over the MPWSS, where applicable, or shall work in conjunction with the MPWSS where applicable.
(Prior Code, § 11.05.010.030) (Ord. 2019-9, passed 9-3-2019; Ord. 2021-15, passed 12-20-2021)
§ 11.05.010.040 PUBLIC RIGHT-OF WAY PERMIT.
   All construction, excavation or other work on public or private property which will necessitate the use of the public right-of-way or easement shall require a public right-of-way permit issued by the Public Works Department.
   (A)   The work authorized by the permit includes, but is not limited to, street construction and repair, water, sewer, and storm system construction and repair, utility connections and repair, landscaping, sidewalk, curbing, and driveway construction and repair.
   (B)   Also included are any other uses of the public right-of-way where there is a possibility of creating a hazard.
   (C)   Examples of hazards are scaffolding, storage of materials or equipment, crane and equipment operations, demolition, sandblasting and painting operations, temporary construction or demolition dumpster placement, and any other use deemed a hazard by the PWD.
   (D)   The permit will not be issued until all insurance and bonding, and their subcontractors shall be required to purchase an excavation permit. Improvements to boulevards in public right-of-way require approval from the City PWD.
   (E)   The adjacent property owner is responsible for all costs associated with construction and maintenance of any boulevard improvements that have been approved.
(Prior Code, § 11.05.010.040) (Ord. 2019-9, passed 9-3-2019; Ord. 2021-15, passed 12-20-2021)
§ 11.05.010.050 INTERRUPTION OF SERVICE.
   (A)   No person or party shall interrupt or restore municipal service or access to any customer or property without the express consent of the PWD.
   (B)   Any construction that will interrupt the normal operation of city sewer or water or transportation facilities, in which consent by PWD has been given requires notification to property owners and/or residents.
      (1)   The certification will identify the location, day, time and duration of the street closer or service interruption.
      (2)   The contractor shall notify the City Police and Fire Department at least 48 hours prior to any street closures.
      (3)   The Fire Department will also be given said notice for water main interruptions.
(Prior Code, § 11.05.010.050) (Ord. 2019-9, passed 9-3-2019; Ord. 2021-15, passed 12-20-2021)
§ 11.05.010.060 LIABILITY INSURANCE AND BONDING.
   (A)   Liability insurance. The contractor shall procure and maintain, at the contractor’s expense, during the construction period, contractor’s liability insurance in accordance with the supplementary conditions to the general conditions of the Montana Public Works Standard Specifications.
   (B)   Bonding.
      (1)   The property owner/developer will provide the city with a performance bond equal to the value of the project for all public infrastructure construction required by a subdivision, development or phased development.
      (2)   All construction work within the public right-of-way or easement (sidewalk and curb construction, storm drainage and sanitary sewer service line installation, repair and the like) will require the property owner/contractor to provide the city with a performance bond.
      (3)   Upon written acceptance of the project by the city, the property owner/developer will be required to provide the city with a maintenance bond of 10% of the value of the work performed.
         (a)   The maintenance bond shall remain in full force throughout the one-year guarantee period.
         (b)   Contractors furnishing the city with an annual bond of $5,000 will not be required to furnish additional bonding if the $5,000 bond meets the requirements of these standards.
         (c)   Bonds may be in the form of a surety bond, a certificate of deposit (CD), a certified check or an irrevocable letter of credit issued by a bank licensed to do business in the state.
(Prior Code, § 11.05.010.060) (Ord. 2019-9, passed 9-3-2019; Ord. 2021-15, passed 12-20-2021)
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