(a) Only designated Westover Sanitary Sewer Department employees or parties authorized by the Mayor 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 Mayor/Westover Sanitary Sewer Board.
(c) Parties authorized by the Mayor/Westover Sanitary Sewer 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 Mayor/Westover Sanitary Sewer Board. These parties shall allow for inspection of the construction by the Mayor/Westover Sanitary Sewer Board at all times, and construction shall only occur during normal working hours of the Mayor/Westover Sanitary Sewer Board. No facility constructed by an authorized party may be covered or connected to a public facility without specific authorization of the Mayor/Westover Sanitary Sewer Board. This authority shall be granted by the Mayor/Westover Sanitary Sewer Board upon satisfaction of the announced design and construction standards.
(d) All public facilities shall, upon authorized completion, be property of the City of Westover.
(e) A party authorized by the Mayor/Westover Sanitary Sewer 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 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.; 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 Mayor/Westover Sanitary Sewer Board, which may include commercial general, automobile, umbrella and builders risk policies, naming the City of Westover and the Mayor/Westover Sanitary Sewer Board as additional insureds. Policies and coverage limits and terms required shall be appropriate to the subject construction and shall be designated by the Mayor/Westover Sanitary Sewer Board; 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 Mayor/Westover Sanitary Sewer 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 Mayor/Westover Sanitary Sewer 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 Mayor/Westover Sanitary Sewer Board, in an amount no more than the reasonable estimate of repair costs, as determined by the Mayor/Westover Sanitary Sewer Board, and for a term of no longer than five years, beginning on the date of substantial project completion. At the discretion of the Mayor/Westover Sanitary Sewer 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 City of Westover of appropriate property rights for the completed public facilities.
(8) Nothing in paragraphs (2), (3), (4), (5) and (6) shall apply to any situation where the Mayor/Westover Sanitary Sewer Board shall come to an agreement with volunteer or a volunteer group doing work for a qualified not-for-profit entity, whereby the Mayor/Westover Sanitary Sewer Board will provide engineering, technical or other services and the volunteers will provide the necessary labor without charge to, or liability upon, the City of Westover or the Mayor/Westover Sanitary Sewer Board. The not-for-profit entity shall be responsible for all costs to the utility associated with such a project. (Ord. 294. Passed 4-3-06.)