(a) Only designated City of Fairmont Sanitary Board employees or parties authorized by the Director may perform construction upon the public facilities of the stormwater system. Public facilities of the system shall include:
(1) Those facilities designated by the Director as public facilities, including but not limited to, main pipelines that collect and transmit stormwater.
(2) All taps or other connections from a private lateral to a public facility of the system.
(b) All costs and expenses of and incidental to the installation of private stormwater facilities, connections to public facilities, and installation of public facilities to facilitate and convey flows from a specific private facility shall be borne by the owner(s) of the private facility.
(c) Parties authorized by the Director to perform construction of or upon the public facilities of the stormwater system shall comply with the design and constructions standards established by the Director. These parties shall allow for inspection of the construction by the Director at all times, and except in an emergency as determined by the Director, construction shall only occur during the hours permitted by Section 917.14(l). No facility constructed by an authorized party may be covered or connected to a public facility without written authorization of the Director. This authority shall be granted by the Director upon satisfaction with the applicable design and construction standards.
(d) All public facilities shall, upon authorized completion, become property of the Sanitary Sewer Board for the City of Fairmont.
(e) A party authorized by the Director to perform construction upon public facilities of the stormwater system shall meet the following minimum requirements at the outset and throughout the entire period of construction:
(1) Compliance with all relevant Federal and State labor, employment and environmental laws, including certification of full and active policy coverage with all programs of the West Virginia Bureau of Employment Programs, including the Workers’ Compensation Division;
(2) Certification of full compliance with all relevant ordinances of the City of Fairmont, including but not limited to any applicable business and occupation tax ordinance and any business licensing ordinance;
(3) Compliance with all relevant and applicable state laws regarding government construction contracts, including, but not limited to, West Virginia Code §5-22-1 et seq., and §21-5A-1 et seq.;
(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 Director, which may include commercial general, automobile, umbrella and builders risk policies, naming the City of Fairmont and the Sanitary Sewer Board for the City of Fairmont as additional insureds. Policies and coverage limits and terms required shall be appropriate to the subject construction and shall be designated by the Director;
(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 Director, 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 Director, a bonded party may provide a cumulative general construction bond in satisfaction of this requirement;
(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 Director, in an amount equal to the reasonable estimate of repair costs, as determined by the Director, and for a term of no longer than five (5) years, beginning on the date of substantial project completion. At the discretion of the Director, 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 City of Fairmont or the Sanitary Board for the City of Fairmont of appropriate property rights for the completed public facilities.
(Ord. 1355. Passed 6-27-06.)