§ 936.17. Construction.

(a)

Only designated Hurricane Sanitary Water Pollution Control Board employees or parties authorized by the Designated Manager may perform construction upon the public facilities of the City's water pollution control system. Public facilities of the system shall include:

(1)

Those facilities that serve two or more properties, including, but not limited to, main pipelines and ditches that collect and transmit water pollution control 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 water pollution control 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/property. Payment terms for these costs and expenses shall be determined and assigned by the Designated Manager.

(c)

Parties authorized by the Designated Manager to perform construction on or upon the public facilities of the water pollution control system shall comply with the design and construction standards promulgated by the Designated Manager and approved by the Board. These parties shall allow for inspection of the construction by the Code Enforcement Officer or the Designated Manager. The Designated Manager shall have the authority to assure that all terms and conditions are met to comply with subsection (e) of this section.

(d)

All public facilities shall, upon authorized completion and inspection and acceptance by the Designated Manager, be property of the City.

(e)

A party authorized by the Designated Manager to perform construction upon the public facilities of the water pollution control system shall meet the following requirements prior to and throughout construction:

(1)

Compliance with all relevant Federal and State labor, employment and environmental laws;

(2)

Compliance with all relevant and applicable State laws regarding government construction contracts, including, but not limited to W. Va. Code, §§ 5-22-1 et seq. and 21-5A-1 et seq.;

(3)

Full and active policy coverage as certified by the West Virginia Bureau of Employment Programs, Workers' Compensation Division;

(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 Designated Manager, which may include commercial general, automobile, umbrella and builders risk policies, naming the City of Hurricane and the Hurricane Sanitary/Water Pollution Control Board as additional insureds. Policies and coverage limits and terms required shall be appropriate to the subject construction and shall be assigned by the Designated Manager;

(5)

Nothing in subsections (e)(2), (3) and (4) of this section shall apply to any situation where the Designated Manager shall come to an agreement with volunteers or a volunteer group doing work for a qualified not-for-profit entity, whereby the Designated Manager will provide engineering, technical or other services and the volunteers will provide the necessary labor without charge to, or liability upon, the City of Hurricane or the Hurricane Sanitary/Water Pollution Control Board. 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 Designated Manager.

(Ord. of 6-6-2005(1), § 936.17; Ord. of 1-3-2006; Ord. of 8-6-2012(2))