[R.O. 2009 § 510.080; Ord. No. 3663 § 2, 2-23-2017]
A.
Property Repair And Alterations.
1.
No Damage. During any ROW work, the
person doing the work shall protect from damage any and all existing
structures and property belonging to the City and any other person.
Any and all rights-of-way, public property, or private property disturbed
or damaged during the work shall be repaired or replaced by the person
doing the work or the person on whose behalf the work is being done
and such person shall immediately notify the owner of the fact of
any damaged property. Such repair or replacement shall be completed
within a reasonable time specified by the Director and Public Works
Director and to their satisfaction.
2.
Alterations. Any alteration to the
existing water mains, sewerage or drainage system, or to any City,
State, or other public structures or facilities in the rights-of-way
required on account of the construction, installation, repair, or
maintenance of facilities in the rights-of-way shall be made at the
sole cost and expense of the owner of such facilities.
B.
Restoring And Maintaining The Rights-Of-Way
And Excavated Area.
1.
Restoration. To complete any ROW
work, the ROW user shall restore the rights-of-way and surrounding
areas, including, but not limited to, any pavement, foundation, concrete
slabs or curbs, screening, landscaping or vegetation and shall comply
with other reasonable conditions of the Director and Public Works
Director. The Director and Public Works Director shall have the authority
to approve landscaping restoration that does not include street tree
replacement in accordance with the policy of this Chapter. Restoration
of the rights-of-way shall be completed within the dates specified
in the ROW permit unless the Director issues a waiver, extension,
or a new or revised ROW permit.
2.
Backfill Requirements. It shall be
the duty of any person making an excavation in the rights-of-way to
backfill such excavations and restore the surface in accordance with
the City's minimum prescribed standards for such surfaces, this Chapter,
and the following standards as determined by the Public Works Director:
a.
The Director shall be notified at
least four (4) hours before backfilling is begun and shall inspect
the excavation as often as is necessary. No excavated materials shall
be allowed to accumulate on the site of the work. Substitution may
be made for granular backfill only with the specific approval of the
Public Works Director.
b.
Approved granular backfill material
shall be composed of a mixture of crushed stone or gravel and sand,
free from clay lumps and trash and conforming to the following analysis:
Passing one (1) inch screen one hundred percent (100%); passing one-half
(1/2) inch screen thirty-five percent (35%) to sixty-five percent
(65%); passing No. 50 screen not more than twenty percent (20%); total
clay and silt not more than twenty percent (20%). Other materials
may be used only when they have the approval of the Public Works Director.
Granular backfill is to be placed in horizontal layers not greater
than four (4) inches before compacting and shall be thoroughly compacted
by mechanically operated tamping.
c.
If the excavations are made in the
improved portion of the rights-of-way, twelve (12) inches of granular
backfill will be placed over exposed facilities and controlled low
strength material (CLSM) will fill the hole within eight (8) inches
of the finished surface for concrete pavements. There will be a plastic
membrane placed between the rock base and the CLSM to prevent the
material from bleeding into the rock base. The remaining eight (8)
inches will be restored by placing a twenty-eight-day minimum strength,
four thousand five hundred (4,500) psi concrete mix.
d.
If the excavations are made in the
improved portion of an asphalt or combination street, twelve (12)
inches of granular backfill will be placed over exposed facilities
and CLSM will fill the hole within nine (9) inches of the finished
surface. There will be a plastic membrane placed between the rock
base and the CLSM to prevent the material from bleeding into the rock
base. The remaining nine (9) inches will be restored by placing a
six-inch thick, twenty-eight-day minimum strength, four thousand five
hundred (4,500) psi concrete mix under a three (3) inch asphalt concrete
lift of type C mix to meet existing grades.
3.
Methods Of Pavement Removal, Excavation
And Backfill. The person making an excavation shall abide by the following
conditions:
a.
The initial cut in a street pavement
shall be equal to the width of the trench with the option of being
jack hammered or saw cut. The final cut in an asphaltic concrete street
pavement shall be one (1) foot wider than the trench width and shall
be made only by saw cutting of the pavement.
b.
For cuts in concrete paved streets,
concrete pavement replacement shall be full slab length (joint-to-joint)
and full slab width (curb or gutter to street centerline) unless specifically
authorized otherwise by the Public Works Director.
c.
Refill excavation with suitable unfrozen
materials free from trash, rubbish, vegetative and deleterious material,
and/or rocks over three (3) inches in maximum dimension, in layers
not exceeding eight (8) inches in depth and each layer shall be compacted
thoroughly.
d.
Compaction shall meet or exceed the
most current version of the standards and conditions of the City and
the ASTM International (American Society for Testing and Materials).
If inspections were not requested or a valid excavation permit obtained,
the City may require compaction testing by a registered professional
engineer licensed in the State of Missouri at the ROW user's expense.
4.
Failure To Restore. If a ROW user
fails to restore the rights-of-way to its reasonable before condition
(including placement of sod to restore any grassy areas unless such
requirement is waived by the Public Works Director in his/her sole
discretion based on area disturbed and weather conditions) within
the date specified either by the ROW permit or any extension thereof
as granted by the Director, the City may perform its own restoration.
If the City performs the restoration, the ROW user shall be responsible
for reimbursing the City's reasonable actual restoration costs within
thirty (30) days of invoice. The City may use the required performance
bond to repair the same, if necessary.
5.
Inspection. If any person fails to
contact the Director for an inspection within a reasonable time, as
determined by the excavation permit issued for the excavation, after
completion of the work, to ensure that the rights-of-way or other
public place has been restored to as good a condition as it was previous
to such excavation being made, the excavation shall not be deemed
complete and the ROW user shall be in violation of this Chapter.
6.
Guarantee. Every ROW user in restoring
the rights-of-way, shall guarantee its work and shall maintain it
for forty-eight (48) months following its completion in accordance
with Section 67.1834, RSMo. During the forty-eight (48) months, the
ROW user shall, upon notification from the Director, correct all restoration
work to the extent necessary, using any method as required by the
Director and Public Works Director. Said work shall be completed within
a reasonable time, not to exceed thirty (30) calendar days, of the
receipt of notice from the Director (not including days during which
work cannot be done because of circumstances constituting force majeure
or days when work is prohibited as unseasonable or unreasonable).
In the event the ROW user is required to perform new restoration pursuant
to the foregoing guarantee, the Director shall have the authority
to extend the guarantee period for such new restoration for up to
an additional forty-eight (48) months, or other greater period allowed
by law, from the date of the new restoration requirements. The foregoing
shall not apply to living materials restored in the rights-of-way,
but living materials in the rights-of-way shall be replaced (with
the exception of street trees unless otherwise directed by the Director
and Public Works Director to carry out the intent of this Chapter)
and all reasonable efforts shall be taken to assure their survival.
7.
No Waiver. ROW user shall not be
relieved of the obligation to complete the necessary rights-of-way
restoration and maintenance because of the existence of any performance
bond required by this Chapter.
C.
ROW Permit Displayed. At all times during
the ROW work, ROW permits shall be conspicuously displayed at the
work site and shall be available for inspection by the Director or
Public Works Director.
D.
Modification Requiring New ROW Permit.
If at any time it appears that the duration or scope of the ROW work
is or will become materially different from that allowed by the ROW
permit, the ROW user shall inform the Director. The Director may issue
a waiver, an extension or revised ROW permit, or require that the
ROW user reapply for a ROW permit in accordance with all requirements
of this Chapter.
E.
Hours. The ROW user shall perform ROW work
effecting traffic at such times that will allow the least interference
with the normal flow of traffic and the peace and quiet of the neighborhood
as permitted by the Director and Public Works Director. Unless otherwise
provided by the Director in the ROW permit, non-emergency ROW work
on arterial and collector streets may not be accomplished during the
hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. in order
to minimize disruption of traffic flow.
F.
Notification Of Street Closure. The ROW
user shall notify the City no less than five (5) business days in
advance of any ROW work that would require any street closure or would
reduce traffic flow to less than two (2) lanes of moving traffic for
more than four (4) hours. Except in the event of emergency ROW work
as provided herein, no such closure shall take place without notice
and prior authorization from the Director. The Director shall promptly
provide notice to the Board of any authorized street closure.
G.
Barricades Required. All ROW work that
affects vehicular or pedestrian traffic shall be properly signed,
barricaded, and otherwise protected at the ROW users expense. In addition,
whoever shall excavate adjacent to and bordering any highway, thoroughfare,
or public place, shall, during the night, cause same to be fenced
in with a substantial fence at least three (3) feet high and shall
cause a yellow light or other approved warning light to be kept burning
thereon during the night. Whoever shall dig or cause to be dug in
any highway, thoroughfare, or sidewalk a vault or trench, shall arch
or cover the same over and secure the grating or covering of the opening
thereof in such a manner as to prevent persons, animals and vehicles
from falling therein. Every ROW user shall be responsible for providing
adequate traffic control to the area surrounding the work as determined
by the Director and Public Works Director.
H.
Cleaning Up; Removing Mud From Vehicles.
The person performing ROW work under the requirements of this Chapter
shall immediately, after the work is completed and the refill is made,
clean up and haul away all surplus earth, rock, debris, or other rubbish.
The person shall remove dirt from the wheels of all vehicles leaving
any site where mud has accumulated on the wheels before such vehicles
enter any public street of the City. It shall be unlawful for any
person to permit any vehicles to leave such place with mud on the
wheels which is liable to be dispersed over any public street of the
City and it shall be unlawful for any driver of a vehicle to enter
upon the public streets of the City without having removed or had
mud removed from the wheels prior to such entry. Each occurrence shall
be a separate offense. The person shall be responsible for damages
to the City, or its contractors, resulting from such failure and shall
indemnify the City and its contractors as provided herein and pay
the costs for remedying such failure.
I.
Safety Code Compliance. All ROW work shall
be in accordance with all applicable Sections of the Occupational
Safety and Health Act of 1970, the National Electrical Safety Code,
and other Federal, State, or local laws and regulations that may apply
including, without limitation, local health, safety, construction,
and zoning ordinances and laws and accepted industry practices, all
as hereafter may be amended or adopted. In the event of a conflict
among ordinances and standards, the most stringent ordinance or standard
shall apply (except insofar as that ordinance or standard, if followed,
would result in a facility or other structure that could not meet
requirements of Federal, State or local law).
J.
Quality. All facilities and other structures
shall be of good and durable quality. All facilities shall be maintained
in good and safe condition.
K.
Safety Precautions. All safety practices
required by law shall be used during ROW work, including commonly
accepted methods and devices to prevent failures and accidents that
are likely to cause damage, injury, or nuisance to the public. All
ROW work shall be conducted in accordance with good engineering practices,
performed by experienced and properly trained personnel so as not
to endanger any person or property or to unreasonably interfere in
any manner with the rights-of-way or legal rights of any property
owner, including the City, or unnecessarily hinder or obstruct pedestrian
or vehicular traffic.
L.
Contractor/Subcontractor Responsibility.
Any contractor or subcontractor of a person performing excavation
or a ROW user must be properly licensed under laws of the state and
all applicable local ordinances and each contractor or subcontractor
shall have the same obligations with respect to its work as a ROW
user would have pursuant to this Chapter. All persons performing excavation
and all ROW users:
1.
Must ensure that contractors, subcontractors,
and all employees performing ROW work are trained and experienced;
2.
Shall be responsible for ensuring
that all work is performed consistent with the ROW permit and applicable
law;
3.
Shall be fully responsible for all
acts or omissions of contractors or subcontractors; and
4.
Shall be responsible for promptly
correcting acts or omissions by any contractor or subcontractor.
M.
No Advertising. A person performing excavation
or a ROW user shall not place or cause to be placed any sort of signs,
advertisements, or other extraneous markings on facilities or in the
rights-of-way, whether relating to the person performing excavation,
ROW user or any other person, except such necessary minimal markings
approved by the City as necessary to identify facilities for service,
repair, maintenance or emergency purposes or as may be otherwise required
to be affixed by applicable law or regulation.
N.
Street Boring. Street crossings will be
bored at the direction of the Director and Public Works Director.
O.
As-Built Required. After the completion
of ROW work, the person performing the ROW work or the ROW user shall
provide to the City as-built drawings, maps or other comparable records
as determined by the Director, drawn to scale and certified to the
City as reasonably depicting the location of all facilities or other
structures constructed pursuant to the ROW permit. Such records may
be provided to the Director in the form maintained by the person performing
excavation or the ROW user, but when available, shall be submitted
in automated formats that are compatible with City systems, as determined
by the Director, or in hard copy otherwise.
[R.O. 2009 § 510.090; Ord. No. 3663 § 2, 2-23-2017]
A.
Insurance.
1.
Insurance Required. Before a ROW
agreement, franchise, or ROW permit as herein provided is issued,
before any excavation begins, and before a ROW user has facilities
in the rights-of-way, the applicant shall file with the City evidence
that such applicant has comprehensive general liability and property
damage insurance that includes contractual liability coverage with
minimum limits in no event less than the maximum amounts of liability
set forth in Section 537.610, RSMo., applicable to political subdivisions.
The insurance shall protect the City from and against all claims by
any person whatsoever for loss or damage from personal injury, bodily
injury, death, or property damage that may arise from the excavation
or use of the ROW. Any deductible above fifty thousand dollars ($50,000.00)
is not permitted. All general liability insurance policies shall name
the City, its officers, boards, board members, commissions, commissioners,
agents, and employees as additional insureds with full an equivalent
coverage as the insured under the policy and shall further provide
that any cancellation or reduction in coverage shall not be effective
unless thirty (30) days' prior written notice thereof has been given
to the Director. A person performing excavation or ROW user shall
not cancel any required insurance policy without submission of proof
that it has obtained alternative insurance that complies with this
Chapter.
2.
Form. All insurance policies shall
be with sureties qualified to do business in the State of Missouri
with an "A" or better rating of insurance by Best's Key Rating Guide,
Property/Casualty Edition and in a form approved by the City.
3.
Copy Required. A copy of the insurance
certificates and any other documentation necessary to show compliance
with the insurance requirements herein must be on file with the City
Clerk.
4.
Exceptions.
a.
The Director may exempt in writing
from these insurance requirements any self-insured person performing
excavation or ROW user, provided that the person performing excavation
or ROW user demonstrates to the Director's satisfaction that the self-insurance
plan is commensurate with said requirements, that the person performing
excavation or ROW user has sufficient resources to meet all potential
risks, liabilities, and obligations contemplated by the requirements
of this Chapter, and that such waiver is in the public interest. The
Director may require a security fund or letter of credit as a condition
to a self-insured's exemption.
b.
The Director may waive this requirement
or reduce the amount of insurance so required when in the Director's
sole discretion, the work involves no or only minor disruption or
damage to the rights-of-way.
c.
The insurance requirements in this
Section or otherwise shall not apply to an entity to the extent and
for such period during an agreement, franchise, license, or ROW permit
issued hereunder if such person is exempted from such requirements
pursuant to Section 67.1830(6)(a), RSMo., and has on file with the
City an affidavit certifying that the entity has twenty-five million
dollars ($25,000,000.00) in net assets and is otherwise therefore
so exempted unless otherwise provided by agreement or franchise. Additionally,
in accordance with Section 67.5121(3), RSMo., a self-insured ROW user
shall not be required to obtain insurance naming the City as an additional
insured solely to the extent such ROW user is utilizing "small wireless
facilities" as defined in the Uniform Small Wireless Facility Deployment
Act within the ROW. This exception to the City's insurance requirements
shall only apply as related to such "small wireless facilities" and
shall not otherwise alter the obligations of a ROW user to provide
appropriate insurance to the City for any other activities or operations.
[Ord. No. 3888, 12-20-2018]
B.
Indemnification. Any person performing
excavation or a ROW user as a condition of use of the right-of-way
shall at its sole cost and expense fully indemnify, protect, defend
(with counsel acceptable to the City), and hold harmless the City,
its municipal officials, officers, employees, and agents, from and
against any and all claims, demands, suits, proceedings, and actions,
liability, and judgment by other persons for damages, losses, costs,
and expenses, including attorney fees, arising, directly or indirectly,
in whole or in part, from the action or inaction of the person performing
excavation or ROW user, its agents, representatives, employees, contractors,
subcontractors, or any other person for whose acts the person performing
excavation or ROW user may be liable, in constructing, operating,
maintaining, repairing, restoring, or removing facilities or other
structures, or use of the right-of-way or the activities performed,
or failed to be performed, by the person performing excavation or
ROW user under this Chapter or applicable law, or otherwise, except
to the extent arising from or caused by the sole or gross negligence
or willful misconduct of the City, its elected officials, officers,
employees, agents, or contractors. Nothing herein shall be deemed
to prevent the City or any agent from participating in the defense
of any litigation by their own counsel at their own expense. Such
participation shall not under any circumstances relieve the person
from the duty to defend against liability or its duty to pay any judgment
entered against the City or its agents. This indemnification shall
survive the expiration or termination of any ROW agreement, license,
or ROW permit for a period of five (5) years after the effective date
of expiration or termination. Provided, however, that in accordance
with Section 67.5121(2), RSMo., a ROW user which is a wireless provider,
as defined by Section 67.5111, RSMo., for and in relation to that
wireless providers operation of "small wireless facility" as defined
in the Uniform Small Wireless Facility Deployment Act within the ROW
shall only indemnify and hold the City, its officers, and employees,
harmless against any damage or personal injury caused by the negligence
of the ROW user, its employees, agents, or contractors. This exception
shall only apply to the ROW user's "small wireless facilities" and
shall not otherwise alter the obligations of a ROW user to provide
indemnification to the City for any other activities or operations.
[Ord. No. 3888, 12-20-2018]
[R.O. 2009 § 510.100; Ord. No. 3663 § 2, 2-23-2017]
A.
Least Interference Required. All excavation
in the rights-of-way or other public place shall be placed where they
will cause the least possible inconvenience to the public. The width
and length of the excavation shall be no greater than is necessary
for doing the work and sheathing and bracing shall be used as necessary
to keep the sides of the trench vertical and to prevent caving. Adequate
provision for the proper drainage of the areas surrounding the work
shall be maintained at all times.
B.
Minimum Encumbrance Required. No person
shall open or encumber more of the rights-of-way than is reasonably
necessary to complete the excavation or ROW work in the most expeditious
manner or allow an excavation to remain open longer than is necessary
to complete the work.
C.
Interference Control. The person performing
excavation shall cause the excavation to be done with the least possible
injury to the pavement, sidewalk, curbing, parkway, or other surface
and shall place the materials from the excavation where they will
cause the least possible inconvenience to the public and permit the
uninterrupted passage of water along the gutters. The width of the
excavation shall be no greater than is necessary for doing the work.
D.
Erosion Control. Before new excavation
or construction is commenced and until sodding, planting, concreting,
paving, or other final surfacing is in place, which will avoid washing
or spreading of dirt and mud onto other property, sidewalks, curbs,
gutters, streets, and the rights-of-way, the person performing excavation
shall erect and maintain approved temporary erosion control measures
to prevent such washing or spreading of materials. At the end of each
day and as required throughout the day during the course of excavating
or construction, dirt and mud on the sidewalks, curbs, gutters, streets,
and the rights-of-way resulting from work must be removed.
[R.O. 2009 § 510.110; Ord. No. 3663 § 2, 2-23-2017]
A.
Inspections. All ROW work and facilities
shall be subject to inspection by the City and the supervision of
all Federal, State, and local authorities having jurisdiction in such
matters to ensure compliance with all applicable laws, ordinances,
departmental rules and regulations, and the ROW permit.
B.
Stop Work Orders. The Director and Public
Works Director shall have full access to all portions of the ROW work
and may issue stop work orders and corrective orders to prevent unauthorized
work or substandard work as established herein. Except in cases of
an emergency or with approval of the Director or Public Works Director,
no ROW work may be done in violation of a stop work order issued by
the Director. Such orders:
1.
May be delivered personally or by
certified mail to the address(es) listed on the application for the
ROW permit or the person in charge of the construction site at the
time of delivery;
2.
Shall state that substandard work
or work not authorized by the ROW permit is being carried out, summarize
the substandard or unauthorized work, and provide a period of no longer
than thirty (30) days to cure the problem, which cure period may be
immediate if certain activities must be stopped to protect the public
safety; and
3.
May be enforced by equitable action
in the Circuit Court of St. Louis County, Missouri and in such case
the person responsible for the substandard or unauthorized work shall
be liable for all costs and expenses incurred by the City in enforcing
such orders, including reasonable attorneys' fees, in addition to
any and all penalties established in this Chapter.
C.
Appeals. Unless otherwise required by law, the review procedures set forth in Chapter 160 of this Code shall govern appeals by any aggrieved person of a final action of any City officer, employee, board, commission, or the Board of Aldermen under this Chapter that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Chapter 160 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials, or commissions.
D.
Penalties. In addition to any other penalties and remedies for violations that may exist in law or equity, any person that violates any provision of this Chapter shall be subject to such penalties as set forth in Section 100.120 of this Code per day for each and every day the violation exists or continues.
[R.O. 2009 § 510.120; Ord. No. 3663 § 2, 2-23-2017]
In addition to any rights specifically
reserved to the City by this Chapter, the City reserves unto itself
every right and power which is required to be reserved by a provision
of any ordinance under any registration, ROW permit, or other authorization
granted under this Chapter, and as may be authorized by Chapter 67,
RSMo., and other authority applicable to regulation of the use of
the rights-of-way. Notwithstanding anything to the contrary set forth
herein, the provisions of this Chapter shall not infringe upon the
rights of any person pursuant to any applicable State or Federal statutes,
including, but not limited to any right that may exist to occupy the
rights-of-way.
