(a) Only designated Town of Eleanor employees or parties authorized by the Sanitary Board may perform construction projects upon the public facilities of the stormwater system. Public facilities of the system shall include:
(1) Those facilities that serve two or more properties, including, but not limited to, main pipelines that collect and transmit stormwater from and/or across two or more properties; and
(2) All taps and other connections from a private lateral to a public facility of the system.
(b) All public costs and expenses of and incidental to the installation of private stormwater facilities, connections to public facilities, and installation of public facilities and convey flows from a specific private facility shall be borne by the owner(s) of the private facility. Payment terms for these costs and expenses shall be designated by the Eleanor Sanitary Board.
(c) Parties authorized by the Sanitary Board to perform construction of or upon the public facilities of the stormwater system shall comply with the design and construction standards promulgated by the Board. These parties shall allow for inspection of the construction by the Sanitary Board at all times, and construction shall only occur during normal working hours of the Town. No facility constructed by an authorized party may be covered or connected to a public facility without specific authorization of the Sanitary Board. This authority shall be granted by the Board upon satisfaction of the announced design and construction standards.
(d) All public facilities shall, upon authorized completion, be property of the Town of Eleanor and maintained by the Eleanor Sanitary Board.
(e) A party authorized by the Utility Board to perform construction upon the public facilities of the stormwater system shall meet the following requirements prior to and throughout construction:
(1) Compliance with all relevant Federal and State labor, employment and environmental laws; and,
(2) Compliance with all relevant and applicable laws regarding government construction contracts, including, but not limited to, WV Code §§ 5-22-1, et seq. and 21-5A-1, et seq.; and,
(3) Full and active policy coverage as certified by the West Virginia Bureau of Employment programs, Workers' Compensation Division; and
(4) Contractor's liability insurance, issued by an insurance company with a Best's rating of no less than "A" and certified to the satisfaction of the Utility Board, equal to the estimated cost of the construction and for a term equal to the duration of the construction project. At the discretion of the Sanitary Board, a bonded party may provide a cumulative general construction bond in satisfaction of this requirement; and,
(5) A construction bond, issued by an insurance company with a Best's rating of no less than "A" and certified to the satisfaction of the Sanitary Board, equal to the estimated cost of the construction and for a term equal to the duration of the construction project. At the discretion of the Board, a bonded party may provide a cumulative general construction bond in satisfaction of this requirement; and.
(6) A repair bond, issued by an insurance company with a Best's rating of no less than "A" and certified to the satisfaction of the Sanitary Board, in an amount no more than the reasonable estimate of repair costs, as determined by the Board, and for a term of no longer than five years, beginning on the date of substantial project completion. At the discretion of the Board, a bonded party may provide a cumulative general construction bond in satisfaction of this requirement; and.
(7) Certification of full compliance with all relevant state and local permitting and tax rules and regulations, certification of appropriate property rights to perform the construction, and conveyance to the Town of Eleanor of appropriate property rights for the completed public facilities.
(8) Nothing in sub-paragraph (2), (3), (4), (5) and (6) shall apply to any situation where the Sanitary Board shall come to an agreement with volunteer or a volunteer group doing work for a qualified not for profit entity, whereby the Board will provide engineering, technical or other services and the volunteers will provide the necessary labor without charge to, or liability upon, the Town of Eleanor or the Eleanor Sanitary Board. The not for profit entity shall be responsible for all costs to the utility associated with such a project.
(Ord. 09-03. Passed 10-1-09.)