(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING AND ZONING CODE ENFORCEMENT OFFICER. The officer of the village acting in his or her official capacity on behalf of the village.
CONTRACTOR. Any person, firm, partnership, or corporation undertaking the construction, reconstruction, or repair of sidewalk, curb, gutter, or driveways operating under appropriate permits, acting directly or through a duly authorized representative.
ENGINEER. The Village Engineer or his or her duly authorized agent.
INSPECTOR. The authorized representative of the village assigned to make a detailed inspection of any and all portions of the work, or materials thereof.
SUPERINTENDENT. The executive representative of the contractor, present on the work at all times during its progress and authorized to receive and fulfill instructions from the Engineer or authorized agent and capable of superintending the work efficiently.
VILLAGE. The Village of Waynesville, acting through the Village Manager or his or her properly authorized agents; such agents acting severally within the scope of the particular duties entrusted to them.
(B) Terms. Whenever in the specifications or upon the plans, the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or of like import are used, it shall be understood that the directions, requirements, permission, order designation, or prescription of the Mayor is intended, and similarly the words “acceptable”, “satisfactory”, or words of like import shall mean approved by, or acceptable or satisfactory to, the Mayor unless otherwise expressly intended.
(C) Decisions. All work conducted under these specifications, rules, and regulations shall be done to the satisfaction of the Village Engineer, who shall in all cases determine the quality, acceptability, and fitness of the several kinds of work and materials which are to be used.
(D) Orders to contractor. The contractor must have on the work at all times a foreman, superintendent, or other competent representative to whom orders and instructions may be given. Such orders shall have the same force and effect as if given directly to the contractor.
(E) Incompetent workers. Incompetent, careless, or disorderly workers or foremen will not be permitted on the work, and any such shall immediately be discharged by the contractor upon complaint by the village.
(F) Lines and grades. All work done must be in accordance with the lines and grades as specified by the construction drawings. The contractor shall be responsible for the protection of all stakes.
(G) Conduct of work. Contractors must consult the Village Engineer before constructing driveway entrances on streets which have no curb and gutter; also before doing any work which involves change of grade, or which deviates from standard practice. Contractors must obtain permits before doing any excavating, or other work, in the sidewalk space. When a walk, driveway, curb, or gutter is to be repaired, reconstructed, or constructed, all gas and water stop boxes must be adjusted to the proper grade flush with the new work.
(H) Adjust of utility boxes.
(1) The contractor will call the utility company at least two working days before pouring the concrete. The contractor will be advised as to whether or not the utility company can have a crew on the job before he or she pours the concrete.
(2) If the utility company cannot provide a crew before the concrete is poured, the contractor will block off a two-foot by two-foot square around the gas or water stop box and provide barricades with flashing lights until the utility crew takes over. This crew will adjust or replace the stop box and the contractor shall concrete the two-foot by two-foot unpaved area.
(I) Temporary walkway. The contractor will provide a safe and adequate temporary walkway for pedestrians during the repair or removal of sidewalk, curb, gutter, or driveway. The temporary walkway will be kept free of debris, mud, ice, or snow. Should pedestrian traffic be routed into streets or alleys, such temporary walkway shall be protected by the construction of such barricades, railings, flashing lights, or other safety devices prescribed by the village.
(J) Inspection and testing. No material of any kind may be used until it has been inspected, tested, and accepted by the Village Engineer. The contractor must furnish all labor, equipment, tools, and materials necessary in handling such material for inspection and pay for any testing that is deemed necessary. The materials rejected must be immediately hauled away from the vicinity of the work. The inspection and supervision by the village is intended to aid the contractor in supplying only such material and in doing such work as it shall not operate to release him or her from any of his or her contract obligations. The village shall not be responsible for the contractor’s means and methods of preforming the work. Materials or workmanship found at any time to be defective shall be immediately remedied by the contractor regardless of previous inspection. If the contractor fails to comply promptly with these requirements, the village may revoke the permit for the work.
(K) Defective work (guarantee). The contractor shall be required to keep all work done by him or her in good condition and repair for a term of one year from the date of inspection by the Village Inspector, by cracking, breaking of surface, or in any other manner, shall be removed and replaced with new work, by the contractor, at his or her own expense.
(L) Cleaning up. As fast as the sidewalk, driveway, or curb is laid, all rubbish and surplus material which may accumulate during the progress of the work shall be removed from the roadway, sidewalk, and intersecting streets by the contractor, and such completed portion of the work left clean and in good condition.
(M) No estoppel. The village shall not be precluded or estopped by any return or certificate made or given by it, from showing at any time, either before or after the final completion and acceptance of the work and payment therefor, character of the work done and materials furnished by the contractor or any other person under the contract or from showing at any time that any such particular, or that the work and materials or any part thereof do not, in fact, conform to the plans and specifications; and the village shall not be precluded or estopped, notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the contractor such damages as it may sustain by reason of his or her failure to comply with the plans, specifications, and contract.
(N) Responsibility for work. During the progress of the work, the contractor shall assume the risk of, and be responsible for, any and all damages to the work, or to persons or property caused by or in any way resulting from the work.
(O) Inspection. The contractor must call 897-8015 for inspection one working day before he or she pours concrete. The contractor or his or her foreman must be on the job when the inspector arrives. If no one is on the job when the inspector arrives, it will be considered that no call was made for inspection. If, because of inclement weather or for some other reason it will not be possible to have a person on the job, the contractor is required to call and cancel his or her request for inspection before 9:00 a.m. Before the inspector will permit the concrete to be poured, all forms must be set, the trench for the sidewalk, curb, gutter, or driveway must be excavated to the required depth, and the subgrade properly prepared.
(P) Contractor performance guidelines.
(1) Acceptable performance: work opened, inspected, closed, and approved within ten working days.
(2) Marginal performance: work opened, inspected, closed, and approved between 11 and 15 working days.
(3) Unacceptable performance: work opened, but not inspected, closed, and approved for a period longer than 15 working days.
(4) The time periods outlined in divisions (P)(1), (P)(2), and (P)(3) of this section are reduced by 50% when the work is open in areas of high pedestrian traffic.
(5) After ten working days in a high pedestrian traffic area or 15 working days in a residential area, any excavated holes left open can be closed by responsible village representatives and the cost of the work shall be charged to the contractor.
(Q) Street furniture. The contractor will be expected to replace all signs a minimum of 18 inches and a maximum of 24 inches from the face of the curb which he or she may remove incident to his or her work.
(R) Street repair. Any street, alley, or public way excavated or disturbed during the construction, reconstruction, or repair of sidewalk, curb, gutter, or driveway shall be replaced by the contractor at his or her expense in accordance with village construction specifications and the direction of the Village Engineer.
(S) Alternative materials. Alternative materials of construction (such as brick or concrete pavers and the like) may be submitted to the Village Engineer for review and approval. Typically the use of alternative materials would be associated with a special district-wide improvement or a total development plat standard. The use of alternative materials of construction will not be accepted as replacement for a concrete or asphalt drive or walk.
(Ord. 95-140, passed 6-19-1995)