(a) Only designated City of St. Albans and or St. Albans Municipal Utility Commission 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 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 or 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 to facilitate 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 Director.
(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 construction standards promulgated by the Director. These parties shall allow for inspection of the construction by the Director or representatives as designated by the Director or City, at all times, and construction shall only occur during normal working hours of the Utility Board, unless otherwise approved by the Director. No facility constructed by an authorized party may be covered or connected to a public facility without specific authorization of the Director. The Director shall have the authority to assure that all terms and conditions are met to comply with subsection (d) hereof.
(d) A party authorized by the Director 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 state laws regarding government construction contracts, including, but not limited to, West Va. 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) 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 appropriate property rights for the completed public facilities.
(5) Contractors' liability insurance, issued by an insurance company with a Best's rating of no less than "A" certified to the satisfaction ofthe Director, which may include commercial general, automobile, umbrella and builders risk policies, naming the City of St. Albans and/or the City of St. Albans MS4 Stormwater Board as additional insured. Policies and coverage limits and terms required shall be appropriate to the subject construction and shall be designated by the Director; and,
(6) 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; and,
(7) 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 no more than the reasonable estimate of repair costs, as determined by the Director, and for a term of no longer than five 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,
(8) Nothing in subsections (d)(2), (3), (4), (5), (6) and (7) shall apply to any situation where the Director shall come to an agreement with a volunteer or a volunteer group doing work for a qualified not-for-profit entity, whereby the Director will provide engineering, technical or other services and the volunteers will provide the necessary labor without charge to, or liability upon, the City of St. Albans or the St. Albans Municipal Utility Commission. The not-for-profit entity shall be responsible for all costs to the utility associated with such a project and shall be assessed by the Director.
(Ord. 2011-11. Passed 11-21-11.)