City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1527 §1, 8-7-2006]
The ROW user shall identify and locate any underground facilities in conformance with the "Missouri One Call" system.
[Ord. No. 1527 §1, 8-7-2006]
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 providing adequate traffic control to the surrounding area as provided in this Article. 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 safety protection in accordance with the latest edition of the Manual of Uniform Traffic Control Devices 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 Manual of Uniform Traffic Control Devices 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 Inspector, in his or her discretion, may require the ROW user to directionally bore around any tree in the right-of-way.
[Ord. No. 1527 §1, 8-7-2006]
All excavation or work performed in the right-of-way shall be done in conformance with the City's design criteria and specifications.
[Ord. No. 1527 §1, 8-7-2006]
A. 
After any 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 excavation or work.
B. 
If excavation or work cannot be backfilled 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 barricades, 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.
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. However, a 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. The City Inspector has the authority to inspect the repair or replacement of the damage and, if necessary, to require the ROW user to do the additional 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. Any deficiencies not corrected shall be considered a "failure to restore" and the City shall proceed according to this Article. Upon determination by the City Inspector that the failure to repair or replace creates a threat to public safety, all such repair or replacement shall be corrected within (24) hours of notice from the City or the City Inspector may direct the City to make such repair or replacement at the ROW user's expense.
[Ord. No. 1527 §1, 8-7-2006]
If the ROW user fails to restore the right-of-way in the manner and to the condition required by the City Inspector 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. Upon determination by the City Inspector 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. Upon determination by the City Inspector 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. 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.
[Ord. No. 1527 §1, 8-7-2006]
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. During said guarantee period the ROW user shall, upon notification from the City Inspector, correct all restoration excavation or work to the extent necessary, using any method as required by the City Inspector. 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 Inspector. In the event the ROW user is required to perform new restoration pursuant to the foregoing guarantee, the City Inspector 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 Inspector 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 Inspector'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.
[Ord. No. 1527 §1, 8-7-2006]
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.