[Adopted 9-30-2010 by L.L. No. 3-2010]
As used in this article, the following terms shall have the
meanings indicated:
Surety/performance in an amount determined by the Board of
Trustees of the Village of Penn Yan.
Roads used for:
Transportation and delivery of drilling equipment and components
and other materials and equipment to be used in connection with the
project;
Truck transportation leaving the project site following delivery
of equipment and materials;
Movement of the drilling rigs; and
Transportation and delivery of local sources of materials, including
concrete and gravel.
Traffic to and from a single project site that generates
more than 10 truck trips per day for more than four consecutive days,
involving trucks that exceed 20 tons (truck and load combined) that
could impact Town/Village rights-of-way.
Worksheet is to be completed by project sponsor, summarizing
the project, project location, start and completion dates, expected
max gross weight used for the project, designated haul routes (Appendix
B), and any other items that the Highway Superintendent deems necessary.
STRUCTURAL CLASS 1The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in good to excellent condition. The granular base and/or the asphalt pavement/bituminous surface treatment are less than 10 years old and have 20 to 30 years' remaining life. The complete road structure is capable of supporting heavy construction equipment (total estimated 18 KIP Equivalent Single Axle Loads) throughout the duration of the anticipated drilling project, without needing major structural improvements prior to the project. However, heavy construction traffic loading will expend some of the useful life of the road pavement structure and shorten the life expectancy of the road, even though visible damage at the end of the project may not be severe. Visible damage could include increased extent of one or more of the following distresses: alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness.
STRUCTURAL CLASS 2The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in fair to good condition. The granular base and/or the asphalt pavement/bituminous surface treatment are 10-20 years old, and have 10 to 20 years' remaining life. The road is adequate to sustain construction traffic for the project. However, damage to the asphalt pavement/bituminous surface or base will be likely during the project thereby causing a significant decrease in serviceability for the traveling public, rough travel for construction equipment, and potential safety issues and increased difficulties in performing winter maintenance. Visible damage could include increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness.
STRUCTURAL CLASS 3The road structure has not been upgraded. The base layer(s) is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in fair to good condition with one or more of the following surface distresses present; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths). Ride roughness may range from fair to excellent. The combined layers of the pavement structure continue to provide an acceptable level of service for the traffic using the road. The road is judged to be generally adequate to service the construction traffic and the traveling public throughout the duration of the proposed drilling. However, by the end of the project damage to the pavement structural system will likely be visible, and will take the form of increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and increased ride roughness.
STRUCTURAL CLASS 4The road structure has not been upgraded. The base layer(s) is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in poor to fair condition with a rough deteriorated driving surface. The road is not capable of sustaining the magnitude and the duration of loading commensurate with a designated haul route (total estimated 18 KIP Equivalent Single Axle Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as severe alligator cracking, potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for pavement repairs (i.e., pothole patching, rut filling, etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e., snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing, etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised.
STRUCTURAL CLASS 5The road structure has not been upgraded. The base layer(s) is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The road is not capable of sustaining the magnitude and the duration of loading commensurate with a designated haul route (total estimated 18 KIP Equivalent Single Axle Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for repairs (i.e., pothole patching, rut filling, etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e., snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing, etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised.
A.
The developer shall submit requested routes (hereto referred to as designated haul routes) for hauling equipment and materials to and from the project to the municipality for approval. These routes will be further designated, by the municipality as Structural Class 1, 2, 3, 4, or 5 (as defined in § 174-20) with certain requirements stipulated for their use as set forth in Subsections B and C hereof and § 174-22 below. A list and map of the designated haul routes are identified in Appendix A.[1] The haul routes shall be designated prior to the commencement
of construction activities and prior to the final signing and execution
of the road use agreement. The preconstruction survey will begin after
the signing of the road use agreement.
[1]
Editor's Note: Said appendix is on file in the Township offices.
B.
Class 1, 2, and 3 roads. These roads can be used by the developer
for the drilling project without any repairs or improvements the pavement
structure prior to construction. However, geometric improvements (turning
radii, etc.) and bridge or culvert improvements will still be required
as needed.
C.
Class 4 and 5 roads. The developer may proceed to use the road at
its own risk. However, the municipality shall monitor the use of the
road during the construction project. If the road becomes dangerous
to the traveling public, the municipality shall close the road to
all construction traffic. In the case of closure, the developer shall
be required to complete reconstruction of the road base and asphalt
concrete pavement to include shoulders and necessary improvements
of ditches, culverts and other drainage related facilities before
construction traffic is allowed to continue. The municipality shall
determine the full cross-section design and material specifications
for this reconstruction. The developer shall hire a qualified contractor
of its choice to construct the pavement system (base and asphalt pavement
layers for Class 4, if applicable) according to the full specifications
provided by the municipality.
A.
Construction traffic estimation. The developer shall engage and pay
for the services of a NYS-licensed civil engineering firm approved
by the municipality, to estimate all of the construction traffic that
will use each designated haul route. The type, weight, number of axles,
and load on each axle of each construction vehicle shall be defined
and the number of trips for each shall be estimated. This shall be
done for overweight vehicles hauling in drilling equipment as well
as all non-overweight loads carrying aggregate, concrete and any other
building supplies and materials over the designated haul roads from
any and all suppliers, vendors, contractors, etc., involved in the
project. Then, the sum total estimated construction traffic shall
be converted to a total number of 18 KIP Equivalent Single Axle Loads
(ESALs), according to the AASHTO Pavement Design Guide, over the duration
of the project. This shall be done for each designated haul route
that the developer will use for the project. The road use agreement
will be executed only after this data is submitted and the haul routes
are designated. All designated haul routes will be posted and paid
for as detailed in Appendix B.[1]
[1]
Editor's Note: Said appendix is on file in the Township offices.
B.
As soon as practicable after the execution of the road use agreement, but in any event prior to the commencement of construction, the developer shall select a third-party NYS-licensed civil engineering firm, approved by the municipality to conduct the surveys and assessments explained in Subsection D below. Roads and highways within the boundaries of the municipality anticipated to be used as designated haul routes plus any roads anticipated to serve on a one-time basis or roads which could be added as designated haul routes will be assessed as described below. A representative from the engineering firm shall meet with the municipal highway superintendent or his or her designee prior to data collection to review how the data will be collected and reported. The municipality shall agree and approve the data collection process and the report formats. The preconstruction survey shall be done before the final execution of the road use agreement.
C.
Structural class designation. The municipality shall retain exclusive rights to designate the road structural class for the designated haul routes. The developer agrees to abide by this decision. The municipality shall make this decision based on the road surface condition, structural condition, and the traffic using the road. Preconstruction road survey requirements are enumerated in Subsection D below.
D.
Preconstruction survey. A full report of the assessments in Subsection D(1) through (5) below shall be provided to the municipality at no cost to the municipality prior to the commencement of construction.
(1)
Video survey of roads. Videotape the designated haul roads and nonproject
roads that could be used as explained above. Videos will be provided
in a DVD format. The full costs of the video survey will be borne
by the developer. Additional surveys shall only be conducted in the
event the parties mutually agree and the additional survey costs are
borne by the developer.
(2)
Distress survey. Measure and record the extent and severity of surface
distresses for each designated haul road. The survey shall include
the severity and extent of alligator cracking, longitudinal cracking,
transverse cracking, edge cracking/deterioration, potholes and patches.
(3)
Rutting and cross-slope assessment. Wheel rut depth in both outer
and inner wheel paths shall be measured with a straight edge. If the
lane is crowned in the middle the rut depth can be measured for each
wheel path by laying the straight edge from the centerline of the
road to center of the lane and from the center of the lane to edge
of the road for the inner wheel path and outer wheel path, respectively.
Cross slope shall also be measured, using the full lane width straightedge
and a "smart level" in percent mode. Again, if there is a crown in
the middle of the lane the cross slope shall be measured independently,
and recorded as such, for the inner and outer wheel paths. The rut
depth and cross slope measurements will be made at a uniform spacing
at 15 locations per mile.
(4)
Road roughness. Measure, record, and report the International Roughness
Index (IRI) using a profilometer for each designated haul road. A
full report of the roughness assessment shall be provided to the municipality
at no cost to the municipality prior to the commencement of construction.
(5)
Core sample. A core or crosscut sample may be required, at the municipality's
discretion, to determine necessary repairs.
E.
Inspection of culverts and bridges. Within one month after the execution
of this agreement, and prior to the commencement of construction,
the developer shall select a qualified engineering company, subject
to approval by the municipality, to inspect the culverts and bridges
on the designated haul routes. The inspection shall be done within
that same month following execution of the agreement. Culverts and
bridges on any other roads anticipated to serve on a one-time basis
or roads which could be added as designated haul routes shall also
be included. The third-party engineer shall take photographs of the
culvert and bridges. The full costs of the inspections will be borne
by the developer. Based on the inspections, the selected engineering
firm shall provide a report discussing the status of culverts and
bridges that shall require improvements/upgrades prior to their use
project. This report shall also present the recommended improvements/upgrades
to the structures and shall be submitted to the municipality for review.
The municipality will prepare a final list of improvement/upgrade
projects that must be done prior to commencement of the project. The
municipality reserves the right to require an evaluation of any bridge
that will be crossed by an overweight special hauling vehicle. The
evaluation shall be done by a qualified NYS-licensed engineering firm.
F.
Limitations of road use.
(1)
Restrictions. All other municipal roads not selected as designated
haul routes are strictly forbidden for use by the developer throughout
the duration of the project. In the event that the developer would
like to amend and add any road to the list of designated haul routes
during the project, the municipality shall be informed and Appendix
A[2] shall be amended. All articles of this agreement shall
then be immediately applicable and satisfied prior to the added road
being used.
[2]
Editor's Note: Said appendix is on file in the Township offices.
(2)
One-time use of a road that is not a designated haul route. In the
event the developer determines it is necessary for the project to
use a municipal road not identified on Appendix B[3] as a designated haul road, then the developer shall notify the appropriate municipal designee, describing in detail such use and the reasons therefor. If the use is to be one time, the municipal designee shall make the determination to allow the road use without the road being added to Appendix B as a designated haul route. If the developer determines that the road may be used multiple times, it shall be added to Appendix B as described in § 174-21 of this article as a designated haul route.
[3]
Editor's Note: Said appendix is on file in the Township offices.
(3)
Extreme weather conditions. Once construction begins on the project,
the municipal designee shall be entitled, at any time, to notify the
developer that use of a/the designated haul road(s) may result in
excessive damage to a/the designated haul road(s) due to weather conditions
that may pose a serious safety risk to the traveling public. The developer
shall work with such municipal designee to develop a plan to mitigate
or prevent the safety liabilities of such weather conditions. If the
parties are able to develop a plan to mitigate or prevent such safety
liabilities, then the developer may continue to use such roads provided
such mitigation is implemented. If the parties are unable to develop
such a plan, the developer may propose an alternate route to the project
site for approval by the municipality (such approval not to be unreasonably
withheld).
A.
Post-use pavement survey tasks. The developer shall engage and pay
for the services of a NYS-licensed civil engineering firm, approved
by the municipality, to do the post-use survey. The post-use pavement
survey tasks listed below shall be completed within a three-month
window following the project completion date.
(1)
Photo and video survey of roads: Repeat as described in § 174-22D(1) above.
(2)
Distress survey: Repeat as described in § 174-22D(2) above.
(3)
Rut depth and cross-slope measurements: Repeat as described in § 174-22D(3) above.
(4)
Road roughness: Repeat as described in § 174-22D(4) above.
(5)
Core sample: May be required per municipality discretion.
The municipality shall examine the post-use survey data and
compare it to the preconstruction survey data. Based on the data,
field inspection, and structural evaluation (if necessary), the municipality
shall determine the needed repairs. The municipality shall prepare
a report of the needed repairs that includes the treatment for each
road segment and the total estimated cost of the repair. The report
shall be submitted to the developer within the first three-month period
after the project completion date (assuming the developer submits
the post-use pavement survey data to the municipality within).
A.
Class 1 roads. Upon completion of the project, a thin asphalt concrete
overlay (less than two inches) or a microsurfacing shall be done to
replace the structural capacity loss of the pavement and to reseal
cracks, restore road smoothness and correct ride-ability deficiencies
that may have been induced. The thickness, materials, and method of
construction for this overlay or microsurfacing shall be specified
by the municipality. If asphalt pavement damage is significant, a
thick asphalt concrete overlay (greater than two inches) or a cold
in-place recycle with a hot mix top of 1/2 inches may be required.
However, if the post-construction survey indicates that significant
deep structural damage to the pavement and base has occurred, the
repair could include full pavement rehabilitation (recycling or replacement
of asphalt) or full-depth reconstruction (asphalt pavement and base
layer reconstruction). Structural damage to the base will be assessed
by the increase in depth and width of wheel ruts and the extent of
alligator cracking, potholes and patches. The municipality shall determine
the repair type (to include shoulders if necessary) and material specifications
for the repair. One hundred percent of the costs of the labor, materials,
equipment, design and construction inspection services, shall be paid
by the developer to the municipality. The Village of Penn Yan retains
the right to make the final decision regarding the extent and type
of road repairs.
B.
Class 2 roads. Upon completion of the project, a thin asphalt concrete
overlay (less than two inches) or a microsurfacing shall be done to
replace the structural capacity loss of the pavement and to reseal
cracks, restore road smoothness and correct ride-ability deficiencies
that may have been induced. The thickness, materials, and method of
construction for this overlay or microsurfacing shall be specified
by the municipality. If asphalt pavement damage is significant, a
thick asphalt concrete overlay (greater than two inches) or a cold
in-place recycle with hot mix top of 1 1/2 inches may be required.
However, if the post-construction survey indicates that significant
deep structural damage to the pavement and base has occurred, the
repair could include full pavement rehabilitation (recycling or replacement
of asphalt) or full-depth reconstruction (asphalt pavement and base
layer reconstruction). Structural damage to the base will be assessed
by the increase in depth and width of wheel ruts and the extent of
alligator cracking, potholes and patches. The municipality shall determine
the repair type (to include shoulders if necessary) and material specifications
for the repair. One hundred percent of the costs of the labor, materials,
equipment, design and construction inspection services shall be paid
by the developer to the municipality. The Village of Penn Yan retains
the right to make the final decision regarding the extent and type
of road repairs.
C.
Class 3 Roads. Upon completion of the project, a thin asphalt concrete
overlay (less than two inches) or a microsurfacing shall be done to
replace the structural capacity loss of the pavement and to reseal
cracks, restore road smoothness and correct ride-ability deficiencies
that may have been induced. The thickness, materials, and method of
construction for this overlay or microsurfacing shall be specified
by the municipality. If asphalt pavement damage is significant, a
thick asphalt concrete overlay (greater than two inches) or a cold
in-place recycle with a hot mix top of 1 1/2 inches may be required.
However, if the post-construction survey indicates that significant
deep structural damage to the pavement and base has occurred, the
repair could include full pavement rehabilitation (recycling or replacement
of asphalt) or full-depth reconstruction (asphalt pavement and base
layer reconstruction). Structural damage to the base will be assessed
by the increase in depth and width of wheel ruts and the extent of
alligator cracking, potholes and patches. The municipality shall determine
the repair type (to include shoulders if necessary) and material specifications
for the repair. One hundred percent of the costs of the labor, materials,
equipment, design and construction inspection services shall be paid
by the developer to the municipality. The Village of Penn Yan retains
the right to make the final decision regarding the extent and type
of road repairs.
D.
Class 4 and 5 roads.
(1)
If the road was not rebuilt by the developer prior to or during the
project, then upon completion of the project the road will be repaired
by one of the following methods: Full pavement rehabilitation (recycling
or replacement of asphalt) or full-depth reconstruction (asphalt pavement
and base layer reconstruction).
(2)
The Village of Penn Yan retains the right to make the final decision
regarding the extent and type of road repairs.
E.
One-time use roads. The developer will repair any damage caused by
the project to the one-time use roads, and return such roads to the
condition such roads were in prior to such damage (as near as is reasonably
practicable having due regard for normal wear and tear). Prior to
commencement of such repair, the municipality and developer shall
meet to review the damage in relation to the initial survey or most
recent subsequent survey, as applicable. The developer shall repair
(or cause to be repaired) such damage and restore the road to the
standard agreed upon, unless the developer can demonstrate to the
reasonable satisfaction of the municipal designees that the damage
was not caused by the developer. Any repair and restoration shall
be promptly performed at such times as the developer and the municipality
determine, having due regard for safety, the presence of emergency
conditions and the costs of such repairs. In the event that the developer
fails to repair such roads within the agreed period, then, unless
the parties mutually agree otherwise, the municipality may make such
repairs and shall invoice the developer for the costs incurred by
the municipality in connection with the repair. The developer shall
pay such invoiced amounts within 10 days following receipt of the
invoice.
F.
Culverts and bridges. Improvements/upgrades to bridges and culverts may be required prior to commencement of the project. These improvements are discussed in § 174-22E. Damage as a result of the project to a culvert or bridge structure that was not improved or upgraded must be repaired following the project, or sooner if deemed necessary by the municipality. All modifications or repairs to culverts or bridges shall be designed by a professional engineer licensed to practice in New York State in accordance with accepted AASHTO and NYSDOT standards and approved by the municipality. All damage by the contractor shall be mitigated, either through repair or replacement, by the contractor at his expense to the satisfaction of municipality.
G.
Emergency and/or periodical repair. The developer will be expected
to perform any emergency repairs and or periodical, necessary repairs
to the haul roads, including the pavement, drainage structures, or
any other highway-related appurtenance that is damaged by the project
and which the municipality determines must be repaired. The municipality
will inform the developer of required emergency repairs and the repair
shall be accomplished within a minimum of three days' time. If more
time is required, the developer shall inform the municipality of the
status of the repair on a daily basis. Close communication will be
required between the municipal highway designee and the project manager
of the project. All costs of the repair shall be paid for by the developer.
H.
Insurance requirements. The Village of Penn Yan requires the following
certificates of insurance showing the following:
(1)
Certificate of insurance showing that the contractor is carrying
General Liability Insurance with limits of $1,000,000 per occurrence,
$1,000,000 general aggregate, and $1,000,000 products/completed operation
aggregate limits. The Village of Penn Yan shall be listed as additional
named insured on the liability policy.
(2)
Workers' compensation and employer's liability insurance/New York
State disability benefits insurance. The Village of Penn Yan must
be listed as certificate holder. The previously accepted ACORD 25
forms will not be accepted as proof of worker's compensation insurance.
Forms C-105.2, U-20.3, GSI-105.2 or SI-12 are the only forms that
will be accepted as proof of worker's compensation insurance. The
only exception to this requirement is the unincorporated sole proprietorship
or partnership, where there are no employees. In such event Form CE-200
(certificate of attestation) must be submitted.
(3)
The Village Clerk at 111 Elm Street, Penn Yan, New York, 14527, shall
be notified immediately if the insurance coverage is in any way modified
or terminated while this agreement is in effect.
The developer shall obtain all necessary governmental permits
and approvals that are necessary to permit the developer to make the
modifications and improvements to the designated roads contemplated
herein. The developer shall be responsible for obtaining all required
permits and approvals as follows:
A.
Municipal/county highway work permits: For any and all work in the
municipal/county right-of-way (including utilities).
B.
Municipal/county highway driveway access permits.
C.
Municipal/county overweight and special hauling permits.
D.
NYSDOT overweight and special hauling permits for county roads.
E.
NYSDEC permits for water crossings, wetlands, etc.
F.
Army Corps of Engineer permits for water crossings, etc.
A.
Workmanship and material warranties: The following warranty and workmanship
requirements apply to all repairs, modifications, and improvements
that the developer (or its contractors or subcontractors) shall make
prior to or during the course of the construction project in order
to accomplish the construction process. As used herein, "applicable
warranty period" means, with respect to any repair, modification,
or improvement by the developer hereunder, the time period that begins
on the date repairs, modifications or improvements to designated roads
are complete and ending on the date that is 12 months after such completion
date.
(1)
Developer's engineering responsibility, including the selection of
material and equipment suitable for the repair of, and modifications
and improvements to, the designated haul routes and one-time use roads
shall be carried out in accordance with NYS Department of Transportation
(NYSDOT) standards and specifications, and developer's construction
responsibility shall be carried out in accordance with sound construction
practices. The developer shall require from its construction contractors
and subcontractors the same standards for engineering and construction
practice. The developer warrants that it shall perform and complete
all repairs, modifications and improvements hereunder in a good and
workmanlike manner.
(2)
The developer warrants that all repairs, modifications and improvements
hereunder shall be free from defects in material and workmanship.
The developer shall remedy any defects in the repairs, modifications
and improvements performed hereunder including repairs, modifications
and improvements, workmanship, materials and equipment provided by
subcontractors during the applicable warranty period. A "defect" means
any and all design, engineering, construction, manufacturing, installation,
materials, equipment, repairs, modifications or improvements which
does not conform to the terms of this agreement; is of improper or
inferior workmanship; or is not suitable for use under the applicable
climatic and range of operating conditions.
B.
Remedies. During the applicable warranty period, the municipality
shall notify the developer in writing of any defects in the repairs,
modifications or improvements. At no additional cost to the municipality,
the developer shall proceed promptly to take such action relating
to its performance hereunder as is necessary to cause the repairs,
modifications and improvements to comply with the warranties specified
in this agreement. The developer shall be available either at the
project or by telephone for the performance of warranty repairs on
a seven-day-a-week, twenty-four-hours-per-day basis.
C.
Final waiver of liens: The developer warrants that all repairs, modifications,
improvements and materials furnished in connection with the performance
by developer parties under this agreement shall be free and clear
of all liens.
A bond or letter of credit (to be determined by municipality)
will be required for each designated haul road in an amount to be
determined subsequent to the designation of haul routes but prior
to signing of the final agreement.
A nonrefundable processing fee of $1,000, payable to the Village
of Penn Yan, must accompany each executed Appendix A.[1]
[1]
Editor's Note: Said appendix is on file in the Township offices.
This article will be enforced by the Village of Penn Yan by
such officer or employee designated for such purpose by the Board
of Trustees of the Village of Penn Yan.
