[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.
