As used in this article, the following terms shall have the
meanings indicated:
BOND
Surety/performance in an amount determined by the Board of
Trustees of the Village of Penn Yan.
DESIGNATED HAUL ROUTES (Appendix B)
Roads used for:
A.
Transportation and delivery of drilling equipment and components
and other materials and equipment to be used in connection with the
project;
B.
Truck transportation leaving the project site following delivery
of equipment and materials;
C.
Movement of the drilling rigs; and
D.
Transportation and delivery of local sources of materials, including
concrete and gravel.
HIGH-FREQUENCY, HIGH-IMPACT TRAFFIC
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.
ROAD PRESERVATION LOCAL LAW WORKSHEET (Appendix A)
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
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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).
(a)
Asphalt pavement repair: Major rehabilitation of the asphalt
pavement only, such as a thick asphalt overlay or a cold in-place
recycle with a hot mix over lay.
(b)
Full-depth repair: If the needed repair includes replacing the
asphalt pavement and/or granular base.
(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 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. The bonded amounts shall be in accordance with the following schedule:
(1) Class I roads: $150,000 per mile.
(2) Class II Roads: $150,000 per mile.
(3) Class III Roads: $140,000 per mile.
(4) Class IV Roads: $70,000 per mile.
B. The final release of all performance bonds will be determined once
all damage has been repaired to the satisfaction of the municipality.
A nonrefundable processing fee of $1,000, payable to the Village
of Penn Yan, must accompany each executed Appendix A.
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.