[Ord. No. 3149, 11-15-2022]
A. 
The ROW-user shall identify and locate any underground facilities in conformance with the "Missouri One Call" system prior to any excavation. Failure to do so may result in future permits being denied or the revocation of current permits and a requirement to remove or relocate existing facilities, equipment, poles or structures.
B. 
Prior to the commencement of any placement or expansion of facilities that are greater than fifteen (15) feet in height and/or larger than five (5) cubic feet in volume, the ROW-user shall provide at least twenty (20) days' written notice to all property owners within fifty (50) foot or twice the height of the proposed facility or equipment radius of the proposed location to abutting landowners in a form approved by the Director of Public Works of the City and during the time of any excavation or construction of facilities or placement of equipment shall post a telephone number of a person to whom the abutting landowner may speak about complaints or conditions on the ROW adjacent to said landowner's property or interference with the enjoyment of the owner's land. All complaints must be acknowledged by the ROW-user and reported to the City on a form approved by the City Engineer. The form of notice shall include at least the following:
1. 
Vertical and horizontal dimension of the facility or equipment;
2. 
Sketch of the general location of the activity and placement of the facility or equipment, including adjacent buildings; and
3. 
The construction schedule; and
4. 
Any other pertinent information as determined by the Director and approved.
C. 
All excavations shall be made in accordance with the City's Design and Construction Manual, the Design Standards, and all other regulations, policies or Codes of the City.
[Ord. No. 3149, 11-15-2022]
A. 
The ROW-user shall be liable for any damages to facilities due to excavation or work performed prior to obtaining the location of all facilities in the area in which the excavation or work is to be performed, or for any damage to facilities that have been properly identified prior to excavation or work. The ROW-user shall not make or attempt to make repairs, relocation or replacement of damaged or disturbed facilities without the approval of the owner of the facilities.
B. 
Whenever there is excavation or work by the ROW-user, the ROW-user shall be responsible for acquiring all necessary temporary traffic control permits and providing adequate temporary traffic control to the surrounding area as provided in this Chapter. In the event the excavation or work is not completed in a reasonable period of time, the ROW-user may be liable for actual damages to the City for delay caused by the ROW-user pursuant to Article X hereof.
C. 
The ROW-user responsible for the excavation or work who leaves any debris in the right-of-way shall be responsible for providing all necessary temporary traffic control and safety protection in accordance with the temporary traffic control permit and any applicable Federal or State requirement. The ROW-user shall also be responsible for removing said debris from the right-of-way. If the ROW-user fails to comply with the temporary traffic control permit or fails to remove debris from the right-of-way, the ROW-user shall be responsible for damages to the City, or its contractors, resulting from said failures and shall indemnify the City and its contractors as provided in Article X hereof.
D. 
In the event the ROW-user severely disturbs or damages the root structure of any tree in the right-of-way to the detriment of the health and safety of the tree, the ROW-user shall be required to remove and replace the tree at the ROW-user's cost. Further, in review of the ROW-user's plan, the City Engineer, in his or her discretion, may require the ROW-user to directionally bore around any tree in the right-of-way.
E. 
The ROW-user shall be solely responsible for the costs of moving any facilities of any kind within the right-of-way to accommodate the City or any other governmental entity's project as designed by the City or such governmental entity, and if the ROW-user does not move or remove such facilities and additional cost or delay results to the City, the City may select its own contractor to move or remove such facilities and may seek full reimbursement, and ROW-user shall reimburse City, any and all costs of such move or removal, including increased costs to the City's public works project, attorneys' fees to obtain reimbursement and any and all court costs and expert witness fees. City may exercise such right to obtain its own contractor upon written notice to the ROW-user at the address provided in the permit application form or as updated from time to time by the ROW-user.
F. 
The ROW-user shall make certain at all times that sufficient security exists in a form acceptable to the City Attorney and City Engineer to assure that the obligations of the ROW-user shall be met which may include sufficient assets, letter of credit, bond, or a pledge of other property.
G. 
The ROW-user shall at all times maintain proper registration with the Missouri Secretary of State and have a registered agent within this State who may accept notices required to be served under this Chapter and service of process while using, occupying or engaged in construction activities within the City's right-of-way.
H. 
The ROW-user shall at all times maintain facilities, furnishings and any other equipment or structures in compliance with the City's Design and Construction Manual, Design Standards and encroachment policy.
I. 
The ROW-user agrees and acknowledges by acceptance of any permit after adoption of this Chapter as amended and including this paragraph, that its use of the ROW is a license only unless it already has in place a franchise agreement with City, and by accepting and using a permit agrees to be bound by the terms and conditions of such license set out in this Chapter and that such license is enforceable by City in the same manner as any license to use property under Missouri and Federal law.
J. 
The ROW-user will maintain and comply with or promptly apply for and obtain any franchise, license, or conditional use waiver the City requires at the time of the permit application or, if none is required by the City at such time for the services or structures/equipment being installed, in the future should the City decide to require franchise agreements for ROW-users if none are required for the services being provided by the ROW-user at the time of application and installation or commencing use of any structure, equipment or excavation.
[Ord. No. 3149, 11-15-2022]
All temporary traffic control, excavation or work performed in the right-of-way shall be done in conformance with the City's Design and Construction Manual and Design Standards on file in the office of the City Engineer. The interpretation of such manuals and design standards, in the sole discretion of the City Engineer or Public Works Director, shall be binding on all ROW-users and such interpretation is a condition of any right to excavate, work or use the right-of-way for any purpose whatsoever.
[Ord. No. 3149, 11-15-2022]
A. 
After any temporary traffic control, excavation or work, the ROW-user shall, at its expense, restore all portions of the right-of-way to the same condition or better condition than it was prior to the temporary traffic control, excavation or work.
B. 
If excavation or work cannot be back-filled immediately and is left unattended, the ROW-user shall securely and adequately cover and mark the unfilled excavation or work. The ROW-user has sole responsibility for maintaining proper temporary traffic control, barriers, safety fencing, signage, and/or lights as required, from the time of the opening of the excavation or work until the excavation or work is surfaced and opened for travel.
C. 
In addition to repairing its own street cuts, the ROW-user must restore any area within five (5) feet of the new street cut that has previously been excavated, including the paving and its aggregate foundations, and shall comply with any additional requirements in the Design and Construction Manual and the Design Standards.
D. 
All earth, materials, sidewalks, paving, crossing, utilities, public improvement or improvements of any kind damaged or removed by the ROW-user shall be fully repaired or replaced promptly by the ROW-user at its sole expense and to the reasonable satisfaction of the City Engineer. However, an ROW-user shall not make or attempt to make repairs, relocation or replacement of damaged or disturbed facilities without the approval of the owner of the facilities.
1. 
The City Engineer has the authority to inspect the repair or replacement of the damage, and if necessary, to require the ROW-user to do additional and necessary excavation or work. Notice of the unsatisfactory restoration and the deficiencies found will be provided to the ROW-user and a reasonable time not to exceed fifteen (15) days will be provided to allow for the deficiencies to be corrected.
2. 
Any deficiencies not corrected shall be considered a "failure to restore" and the City shall proceed according to this Chapter. Upon determination by the City Engineer that the failure to repair or replace creates a threat to public safety, all such repair or replacement shall be corrected within twenty-four (24) hours of notice from the City, or the City Engineer may direct the City to make such repair or replacement at the ROW-user's expense.
E. 
All construction and excavations shall also be subject to the following:
1. 
All sidewalks, curbs, ADA ramps that are removed during construction must be replaced to City and Federal ADA standards, whichever is the more restrictive, and shall be completed within ten (10) days unless approved in writing by the City Engineer;
2. 
Open excavation within the City ROW shall be backfilled, covered, or fenced daily;
3. 
Open excavations shall be permanently backfilled to City standards within ten (10) calendar days of excavation unless otherwise approved in writing by the City Engineer;
4. 
Restoration/stabilization efforts to all areas disturbed by construction shall be completed within ten (10) calendar days of the completion of work that has been permitted unless an extension of time is specifically granted in writing by the City Engineer;
5. 
Erosion control mats and other erosion control devices as approved by the City shall be used when weather is not conducive to growing grass such as in the winter or excessively dry conditions as approved by the City Engineer;
6. 
Restoration of vegetated areas within the City ROW and other easements shall be performed with common readily available grasses for this region such as fescue, blue grass and similar varieties and grasses used for restoration should, to the extent feasible, closely match surrounding grasses;
7. 
Exotic grasses, native plantings, flowerbeds, and other decorative landscaping placed in the ROW by abutting property owners and others are not required to be replaced or restored, are deemed at the risk of the abutting property owners and others, and may be replaced with City-approved grass varieties;
8. 
Types O and A soil as indicated in the USGS Soil Horizon Chart shall be placed in the top six (6) inches of all excavations outside of paved areas, including areas that will receive sod. Types O and A soil is dark nutrient rich topsoil, free of rocks, clods, and debris that is capable of establishing and sustaining grass; and
9. 
Failure to restore any construction area or excavation or complete construction or installation in accordance with this Section, this Chapter, the Design and Construction Manual, and the City's Design Standards shall be cause to deny future permits or suspend any currently issued permits to the entity holding the permit for the area of construction or excavation where restoration has not complied with this Section, Chapter, Design and Construction Manual, or City's Design Standards.
[Ord. No. 3149, 11-15-2022]
A. 
If the ROW-user fails to restore the right-of-way in the manner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all restoration, the City may, at its option, serve written notice upon the ROW-user and its surety that, unless within ten (10) days after serving of such notice, a satisfactory arrangement is made for the proper restoration of the right-of-way, the City shall immediately serve notice of failure to comply upon the surety and the ROW-user, and the surety shall have the right to arrange for and complete the restoration excavation or work; provided, however, that if the surety does not commence performance thereof within fourteen (14) days from the date of notice, the City may perform its own restoration excavation or work and prosecute same to completion, by contract or otherwise.
1. 
Upon determination by the City Engineer that the failure to repair, replace or restore creates a threat to public safety, all such repair or replacement shall be corrected within twenty-four (24) hours of notice from the City, or the City will perform its own restoration excavation or work and prosecute same to completion, by contract or otherwise.
2. 
Upon determination by the City Engineer that the failure to repair, replace or restore creates an immediate threat to public safety, all such repair or replacement shall be corrected within one (1) hour of notice from the City, or the City will perform its own restoration excavation or work and prosecute same to completion, by contract or otherwise.
3. 
The ROW-user and its surety shall be liable to the City for its actual costs of such restoration, including the value of any time or overtime incurred through the labor of City employees, the value of the use of City equipment, and the cost of City materials used in the restoration project.
The ROW-user shall also restore any special uses of the adjoining landowner including driveway approaches, except for landscaping as provided in this Chapter.
[Ord. No. 3149, 11-15-2022]
A. 
In restoring the right-of-way, the ROW-user shall guarantee its excavation or work and shall maintain it for a period of forty-eight (48) months, or for the maximum period of time allowed by law, whichever is greater, following its completion.
1. 
During said guarantee period the ROW-user shall, upon notification from the City Engineer, correct all restoration excavation or work to the extent necessary, using any method as required by the City Engineer.
2. 
Said excavation or work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the City Engineer.
3. 
In the event the ROW-user is required to perform new restoration pursuant to the foregoing guarantee, the City Engineer 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, if the City Engineer determines there was action by the ROW-user not to comply with the conditions of the right-of-way permit and any restoration requirements.
B. 
When any required corrective actions have been completed and inspected to the City Engineer's satisfaction, the guarantee period will begin.
C. 
The guarantee period shall be applicable to failure of the pavement surface as well as failure below the pavement surface.
D. 
The ROW-user shall provide insurance and bonds in accordance with Article X.
[Ord. No. 3149, 11-15-2022]
All utility boxes, vaults and other structures shall be identifiable with the owner or user's name in a manner approved by the City Engineer.
[Ord. No. 3149, 11-15-2022]
Upon completion of all right-of-way restoration activities, the ROW-user shall notify the City's Public Works Department, which shall then schedule a closeout inspection.