Town of Pacific, WI Chapter 185 Contractor Certification

[HISTORY: Adopted by the Town Board of the Town of Pacific 1-17-2017 by Ord. No. 2017-1[1]. Amendments noted where applicable.]

GENERAL REFERENCES

Roads and rights-of-way — See Ch. 345.

Building construction — See Ch. 412.

[1] Editor’s Note: This ordinance also repealed former Ch. 185, Contractor Certification, adopted 9-18-2012 by Ord. No. 2012-13.

§ 185-1 Purpose.

This chapter is intended to provide a framework for persons or entities that specifically perform construction activities within Town of Pacific roads, easements and other public facilities. By means of this chapter, the Town of Pacific shall determine the capability and qualifications of all contractors wishing to complete construction projects within these facilities and shall establish a procedure for same. Contractor certification is established as a requirement for contractors to do work in the Town of Pacific and to prevent the following issues from occurring to Town of Pacific facilities:

A. Construction projects that cause road damage.

B. Drainage alterations that negatively affect Town culverts.

C. Driveway construction that impairs drainage or Town road facilities.

D. Right-of-way work that impairs road function or drainage facilities.

§ 185-2 Applicability.

This chapter of the Code is applicable to all contractors who perform construction work in the road rights-of-way or within an easement where maintenance is the sole responsibility of the Town of Pacific. Typical construction projects include:

A. Driveway construction or alteration.

B. Ditching or grading in the right-of-way.

C. Pipe and culvert installation.

D. Roadwork, including gravel base, asphalt or concrete, guardrails and shouldering.

E. Bridges.

F. Utility work, including CATV, telephone, fiber optic, electric, gas, etc.

G. Sidewalks or pedestrian trails.

H. Tree or brush clearing.

I. Subdivision infrastructure improvement projects.

§ 185-3 Certification.

It shall be unlawful for any person, firm or corporation to perform any work as generally described in § 185-2 within the Town of Pacific without first having applied for and obtained qualified contractor certification (QCC) from the Town of Pacific. The fee for every license so granted shall be established in a resolution to be adopted by the Town Board.

§ 185-4 Application.

Application for a QCC required by this chapter shall be made to the Town Clerk on forms furnished by the Town. The following information shall be obtained and completed in the application:

A. Previous work history in the Town of Pacific.

B. Status of insurance (workers' compensation, liability, etc.).

C. Experience requirements of at least five years of relevant construction work including at least five similar projects.

D. Listing of construction equipment and relevant information.

E. Management and supervisor qualifications, experience.

F. Quality control practices by the contractor.

G. Membership in professional organizations.

H. Other municipal references retained by the contractor (provide at least two municipal references).

§ 185-5 Review.

The Town Engineer is the Town Board's designee for considering applications for QCC. Applications for QCC shall be submitted to the Town Clerk, who shall forward it to the Town Engineer for approval. A contractor may, as a part of another Town-permitting process (driveway, stormwater, erosion control, etc.), apply for a QCC as a necessary component of the project approval requirements. The Town Engineer, based on the information provided in the application and any other pertinent information obtained by the Town Engineer, shall approve or reject the application within 45 days after it is filed with the Town Clerk. If denied, the Town Engineer shall submit to the applicant a notice setting forth the reasons for denial. The applicant, within 30 days after receiving notice of the denial, may then appeal the denial to the Town Board. In that case a hearing shall be held on the denial. At such hearing, the applicant shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the Chair of the Town Board to compel the attendance of witnesses. The determination of the Town Board shall be final, subject to review under Chapter 68, Wis. Stats.

§ 185-6 Expiration.

All certifications issued under this chapter shall expire on December 31st of the year following issuance of the certification.

§ 185-7 Work by property owner.

Work by private property owners within Town right-of-way easement areas or other public facilities is unlawful unless the property owner is a contractor who holds a qualified contractor certification from the Town Board.

§ 185-8 Contractor responsibility.

A contractor receiving a qualified contractor certification from the Town shall, at all times, be responsible for obtaining and complying with all Town and other governmental regulations relating to its work within the boundaries of any Town roads, easements or other public facilities. The contractor receiving the qualified contractor certification shall be responsible for any damages relating in any way to its work performed within the boundaries of any Town road, easement or other public facility.