10. CONSTRUCTION PERMITS General Permits Required

Transcription

1 10. CONSTRUCTION PERMITS General Permits Required Defaults Permittee [See Amendment 2] Any person, firm or corporation desiring to construct, install, relocate, connect or reconnect any sanitary, combined, or stormwater sewer or drainage facility, whether public or private, within the boundaries of the District shall cause plans and specifications therefore to be prepared by a registered professional engineer, licensed in the State of Missouri, and shall cause the same to be submitted to the District for examination, revision, and approval according to the design standards of the District. Such approval shall be a condition precedent to the issuance of a permit for the construction of such facilities, and no such facilities shall be constructed without a permit therefore from the District. All such plans and specifications shall be prepared in such form and manner as may be prescribed by the District. No person shall be entitled to a permit while such person is in default in the performance of any of the obligations to the District with respect to a previous permit issued to such person by the District. Excluding certain aboveground stormwater quality best management practices, all applications for permits for construction of sewer and drainage facilities, for connection to such facilities and for repair of a connection to such facilities shall be made by a master drainlayer having a certificate of qualification or other applicable license to perform work as a master drainlayer issued in his name by the Board of Examiners of Plumbers and Drainlayers of the City of St. Louis or of St. Louis County or other applicable licensing authority. For permit application for aboveground stormwater quality best management practices: where the permittee is not a master drainlayer, the permittee shall provide MSD a certificate of General Liability Insurance meeting the requirements of Section and before permits are issued All applications for permits for construction of sewer and drainage facilities, for connection to such facilities and for repair of a connection to such facilities shall be made by a master drainlayer having a certificate of qualification or other applicable license to perform work as a master drainlayer issued in his name by the Board of Examiners of Plumbers and Drainlayers of the City of St. Louis or of St. Louis County or other applicable licensing authority Performance Bond [See Amendment 4] Excluding permits for certain above ground stormwater quality best management practices, no construction or connection permit shall be issued unless the applicant shall first have filed with the District a cash or corporate bond in an amount not less than Ten Thousand Dollars ($10,000.00). Such bond shall run to the District and shall be conditioned as follows: That the permittee, his agents and servants, shall comply with all of the terms, conditions, provisions, requirements and specifications of the District's applicable Rules and Regulations and Standard Construction Specifications. A permittee may elect to maintain such bond with respect to all permits issued hereunder during the period of the bond or with respect to a single permit. Before acceptance, all bonds shall be approved by the Director or a designee thereof. All bonds must be executed by a surety or insurance company satisfactory to the District with the following qualifications: Duly authorized to transact business in Missouri as evidenced by a Certificate of Authority granted by the Insurance Commissioner, Department of Insurance, State of Missouri. Revised 10/15/12 112

2 Having a financial strength rating of "A" or better and a financial size category of Class V or higher per AM Best Company. If a cash bond is offered, it shall be deposited with the Secretary-Treasurer, who shall give his official receipt therefore, reciting that the cash has been deposited in compliance with and subject to the provisions of applicable Rules and Regulations. No construction or connection permit shall be issued unless the applicant shall first have filed with the District a cash or corporate bond in an amount not less than Ten Thousand Dollars ($10,000.00). Such bond shall run to the District and shall be conditioned as follows: That the permittee, his agents and servants, shall comply with all of the terms, conditions, provisions, requirements and specifications of the District's applicable rules and regulations. A permittee may elect to maintain such bond with respect to all permits issued hereunder during the period of the bond or with respect to a single permit. Before acceptance, all bonds shall be approved by the Appointing Authority. All bonds must be executed by a surety company satisfactory to the District and duly authorized to transact business in Missouri as evidenced by a Certificate of Authority granted by the Insurance Commissioner, Department of Insurance, State of Missouri. The surety company must have a policyholder's rating of "A" or better and a financial rating of Class V or higher in BEST'S KEY RATING GUIDE, latest edition. If a cash bond is offered, it shall be deposited with the Secretary-Treasurer, who shall give his official receipt therefore, reciting that the cash has been deposited in compliance with and subject to the provisions of applicable rules and regulations Construction and Connection Permit and Fees In addition to the fees stated in Chapter 9, the following fees, deposits, or escrows may be required prior to the issuance of the Construction and Connection permits Connection Permit and Fee Each applicant for a connection permit shall, at the time of filing an application, pay to the District a permit fee as applicable. No refunds will be given for connection permit fees. If the permittee is unable to locate a wye according to the measurements given on the permit, the District's Permit Office shall be contacted. Indiscriminate tapping in any sewer line is not permitted. District ordinance prohibits leaving any sewer connection "... open, unsealed, or incomplete in a manner which permit stormwater, ground water, or surface water to enter any District sanitary sewer. Any person found guilty of violation is subject to fine and/or imprisonment Construction Permit and Fee Each applicant for a construction permit shall, at the time of filing an application, pay to the District a fee for the issuance of a construction permit Machine Tap Permit and Fee In all cases where a connection is to be made to an existing sewer, up to twenty-four (24) inches in diameter, at a point where an existing stub or "wye" is not available, the physical connection to such existing sewer shall be made only by the District. The District shall furnish the saddle, apparatus and labor to perform such connection, the permittee to furnish the balance of materials required at the site, including the connecting sewer pipe. Fees are assessed when permit is applied for. Revised 10/15/12 113

3 Inspection Fee Deposit Each applicant for a construction permit shall, at the time of filing application, deposit with the District an estimated inspection fee. If the sum so deposited shall exceed the inspection costs as finally fixed, and the permittee has complied with District requirements, the excess amount of such deposit over costs shall be refunded upon written notice of Construction Approval. If the sum so deposited shall be less than the inspection costs as finally fixed, the permittee shall pay to the District the amount of the deficiency Expiration and Extension of Permits and Approved Plans Approved Plans Plans approved for construction, for which construction permits have not been issued, shall be held by the District for no more than one year, at which time the documents shall be destroyed. New plans, and the appropriate submittal and review fees, must be submitted for review and approval before permits will be issued Construction and Connection Permits 1. Construction Permits for which work has not been started within ninety (90) days after the issuance of the permit shall become void unless a written request is made prior to the expiration date. 2. Connection Permits for which work has not been started within ninety (90) days after the issuance of the permit shall become void unless a written request is made prior to the expiration date. 3. Reinstatement of an expired permit will be granted providing a written request for the reinstatement is received by the District within the period for which an extension could be granted. 4. Written requests for an extension or reinstatement shall be addressed to the Permit Section of the Engineering Department. 5. Not more than one extension shall be granted on any permit without showing cause and the approval of the Appointing Authority Cancellation of Permits and Refunds of Fees and Deposits Prior to the Start of Work A refund of the permit and inspection fees and cancellation of the construction permit will be made for any permit which has not expired upon receipt of a written statement from the Owner that the project has been abandoned. The construction permit must be submitted with the written statement. No refund of the permit and inspection fees shall be made for construction permits, which have expired. Written statements should be sent to the attention of the Permit Section of the Engineering Department After the Start of Work A partial refund of the inspection fee for construction permits may be given after the start of the work upon receipt of a written statement from the Owner that further work on the project has Revised 10/15/12 114

4 Connection Permits been abandoned, and the District agrees that the work is not required. The construction permit must be submitted with the written statement. Upon receipt of the written statement, the cost of the inspection of work completed shall be determined by the District. Inspection fees paid to the District in excess of the actual cost shall be refunded. No refund shall be made for any portion of the permit fee. Written statements should be sent to the attention of the Permit Section of the Engineering Department. No refunds will be given for connection permit fees Final Determination of Construction Inspection Fees Upon completion of construction of a project, receipt of final as-built documents, and after the permittee has complied with all other terms of these rules and regulations, the District shall compute the actual inspection fee based on field measurements. The District shall be paid therefore, or refund shall be made to the permittee, as the case may be. All outstanding fees must be made before Construction Approval is given Minimum Insurance Requirements for Off Site Construction [See Amendment 4] The District may require proof of insurance when projects require off site sewer construction. The need for insurance will be noted on the Approved Project Plans. If proof of insurance is required, the permittee must provide a copy of an executed Certificate of Insurance on ISO ACORD 25 form indicating that the permittee has obtained and will continue to carry commercial general liability and comprehensive automobile liability. The permittee shall carry and maintain adequate commercial general liability insurance for bodily injury, personal injury and property damage with a company satisfactory to the District and which is: 1. Licensed to do business in the State of Missouri (Admitted) with a financial strength rating of A- or better and a financial size category of Class VI or higher per AM Best Company; or 2. Not licensed in the State of Missouri (Non-admitted) with a financial strength rating of A or better and a financial size category of Class IX or higher per AM Best Company. The insurance company will be acceptable regardless of the above requirements if the insurance company furnishes a bond guarantee or policy containing a provision (commonly referred to as a cut-thru endorsement) giving all claimants thereunder a direct right of recovery against the company s reinsurer, provided the reinsurer meet one of the qualifications listed above. The limits of liability shall not be for less than the amounts listed below and shall be in larger amounts if such are required by the District Comprehensive Business Automobile Liability: Insurance shall apply to all owned, non-owned and hired vehicles. $1,000,000 Liability Coverage each occurrence -and- $5,000,000 Excess (Umbrella) 1 Revised 10/15/12 115

5 1 Limits of Excess (Umbrella) coverage for Projects less than $100,000 may be reduced to $2,000, Commercial General Liability (occurrence form): The Commercial General Liability (CGL) policy shall include the following: 1. Premises Operations Liability 2. Blanket Contractual Liability 3. Completed Operations Liability 4. Contractor s Protective Liability (Independent Contractors) 5. Personal Injury Liability 6. Broad Form Property Damage Liability Endorsement 7. Coverage for explosion, collapse and underground hazards (XCU) 8. Blasting (provided that blasting coverage may be excluded if not to be performed in connection with the work) A specific endorsement may be needed if non-standard coverage is provided. The following wording must be stated in the Description of Operations section of the Certificate: No amendments to the ISO Commercial General Liability policy have been made (with the exception of: ). The District shall be named as an Additional Insured with respect to the Project. Required Limits of Liability $1,000,000 Combined Single Limit per occurrence per project $1,000,000 Personal Injury $1,000,000 General Aggregate per project or location -and- $5,000,000 Excess (Umbrella) 2 2 Limits of Excess (Umbrella) coverage for Projects less than $100,000 may be reduced to $2,000,000. The District reserves the right to require additional commercial general liability insurance as deemed necessary Cancellation & Replacement Policy Should any of the required insurance coverage be cancelled prior to the expiration date, the contractor/permittee must provide at least sixty (60) days written notice to the District prior to the cancellation. For policy cancellation for non-payment of premium, the contractor/permittee must notify the District at least ten (10) calendar days prior to the cancellation. Should any of the required insurance coverage be cancelled, terminated or materially altered, the contractor/permittee will send written notice to MSD at least sixty (60) days prior to the effective date of said cancellation, termination or alteration. Upon receipt of any notice of insurance cancellation, termination or alteration, the contractor/permittee shall within thirty (30) days procure other policies of insurance identical in all respects to the policy or policies about to be cancelled, terminated or altered and shall provide the District with evidence of coverage before the cancellation or termination date; and if the contractor/permittee fails to provide, procure and deliver acceptable policies of insurance and satisfactory certificates or other evidence thereof, the District may obtain such insurance at the cost and expense of the contractor/permittee without notice to the contractor/permittee and elect to pursue any other remedy permitted by law and/or the applicable contract. Revised 10/15/12 116

6 The District may require proof of insurance when projects require off site sewer construction. The need for insurance will be noted on the Approved Project Plans. If proof of insurance is required, the permittee must provide a copy of an executed Certificate of Insurance on ISO Accord 25s form indicating that the permittee has obtained and will continue to carry commercial general liability and comprehensive automobile liability. The permittee shall carry and maintain adequate public liability insurance for Property Damage with a company, which is: 1. Licensed to do business in the State of Missouri (Admitted) with a policyholder s rating of B+ or better and a financial rating of Class VI or higher in Best s Key Rating Guide, most recent addition; 2. Not licensed in the State of Missouri (non-admitted) with a policyholder s rating of A or better and a financial rating of Class IX or higher in Best s Key Rating Guide, most recent addition; 3. Organized pursuant to Missouri Insurance Company Act (R.S.Mo to ) The insurance policy will be acceptable regardless of the above requirements if the insurance company furnishes a bond guarantee or policy containing a provision (commonly referred to as a cut-thru endorsement) giving all claimants thereunder a direct right of recover against the company s reinsure, provided the reinsurer meet one of the qualifications listed in the above. The limits of liability shall not be for less than the amounts listed below and shall be in larger amounts if such are required by the District Comprehensive Automobile Liability: $500,000 per occurrence: Combined Single Limit 1. All owned (Symbol 2) vehicles, and (provided, that if Contractor owns less than four vehicles, the District may permit Contractor to provide scheduled (Symbol 7) vehicle coverage for each owned vehicle and provide an accompanying letter listing all the vehicles owned and guaranteeing that prior to the Contractor s acquisition of any additional vehicle, the Contractor will provide notice to the District and obtain appropriate coverage). 2. Non owned and hired vehicles used in connection with the work (Symbols 8 and 9) Commercial General Liability (occurrence from): The minimum required commercial general liability shall be as follows: $500,000 Combined Single Limit each occurrence $1,000,000 Annual Aggregate $1,000,000 Annual Aggregate (per job) The District reserves the right to require additional commercial general liability insurance as deemed necessary. The following wording must be stated in the Description of Operations section: No amendment to the ISO Commercial General Liability policy have been made (with the exception of: ) and the District shall be named as an Additional Insured with respect to the project. Revised 10/15/12 117

7 Cancellation Insurance policy will not be acceptable if any of the following coverages are excluded from the ISO Commercial General Liability policy: 1. Premises Operations Liability 2. Blanket Contractual Liability 3. Completed Operations Liability 4. Contractor s Protective Liability (Independent Contractors) 5. Personal Injury Liability 6. Broad Form Property Damage Liability Endorsement 7. Coverage for explosion, collapse and underground hazards (X.C.U.) 8. Blasting [provided that blasting coverage may be excluded if blasting is not to be performed in connection with the work]. The Cancellation Provision in the Certificate shall read as follows: (Items in parentheses should be removed) Should any of the above described policies be cancelled before the expiration date, thereof, the insuring company will (ENDEAVOR TO) mail thirty (30) days written notice to the certificate holder named to the left (BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT S AGENTS OR REPRESENTATIVES). Any insurance certificate which contains the above cancellation provision will not be deemed unacceptable for including an additional limitation of only ten (10) days notice for cancellation for non-payment of premium. Revised 10/15/12 118