(a) Only designated City employees, or parties authorized by the Executive 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 Executive Director.
(c) Parties authorized by the Executive Director to perform constrution of or upon the public facilities of the stormwater system shall comply with the design and construction standards promulgated by the Executive Director. These parties shall allow for inspection of the construction by the Executive Director at all times, and construction shall only occur during normal City working hours. No facility constructed by an authorized party may be covered or connected to a public facility without specific authorization of the Executive Director. This authority shall be granted by the Executive Director upon satisfaction of the announced design and construction standards.
(d) All public facilities shall, upon authorized completion, be property of the City of Vienna.
(e) A party authorized by the Executive 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, 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) Certification of full compliance with all relevant state and local permitting and tax rules and regulations, including securing of a City Business License and completion of the online stormwater training course; certification of appropriate property rights to perform the construction; and conveyance to the City of appropriate property rights for the completed public facilities.
(5) 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 Executive Director, which may include commercial general, automobile, umbrella and builders risk policies, naming the City of Vienna and the Vienna Utility Board as additional insureds. Policies and coverage limits and terms required shall be appropriate to the subject construction and shall be designated by the Executive 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 Executive 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 Executive 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 Executive Director, in an amount no more than the reasonable estimate of repair costs, as determined by the Executive Director, and for a term of no longer than five years, beginning on the date of substantial project completion. At the discretion of the Executive Director, a bonded pary may provide a cumulative general construction bond in satisfaction of this requirement. (Ord. 09-16. Passed 12-22-16.)