City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1527 §1, 8-7-2006]
Unless a ROW user has twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance or permitting non-compliance within the City, then the ROW user shall file with the City evidence of liability insurance with an insurance company licensed to do business in Missouri. The ROW user shall provide all information to the City necessary to determine the amount of net assets of the ROW user. The amount of insurance shall be in amounts sufficient to protect the City against all liabilities not protected by the State of Missouri's sovereign immunity Statute. The insurance will 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 arising out of or alleged to have arisen out of the negligent or willful acts or omissions of the ROW user. If the ROW user is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts. A copy of the liability insurance certificate must be on file with the City Clerk. No liability insurance will be required of any residential property owner excavating or working in the right-of-way adjacent to his/her residence who does not utilize a contractor to perform the excavation or work. However, said residential property owner shall be required to demonstrate proof of a homeowner's policy with coverage and limits acceptable to the City Inspector. For purposes of this Section, "history of non-compliance or permitting non-compliance within the City" shall mean the ROW user or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has failed to return the public right-of-way to its previous condition under a previous right-of-way permit.
[Ord. No. 1527 §1, 8-7-2006]
A. 
If a ROW user has twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance or permitting non-compliance within the City, then the ROW user shall not be required to maintain a performance or maintenance bond. The ROW user shall provide all information to the City necessary to determine the amount of net assets of the ROW user. For purposes of this Section, "history of non-compliance or permitting non-compliance within the City" shall mean the ROW user or any persons acting on the behalf of the ROW user, including contractors or subcontractors, has failed to return the public right-of-way to its previous condition under a previous right-of-way permit.
B. 
If it is determined pursuant to Subsection (A) of this Section that a ROW user does not have twenty-five million dollars ($25,000,000.00) in net assets or does have a history of non-compliance or permitting non-compliance within the City, then the ROW user shall:
1. 
Maintain a performance bond in a form approved by the City Attorney. The amount of the bond will be five thousand dollars ($5,000.00) or the value of the restoration, whichever is greater, as determined by the City Inspector for a term consistent with the term of the right-of-way permit, conditioned upon the ROW user's faithful performance of the provisions, terms and conditions conferred by this Article.
2. 
Maintain a maintenance bond in a form approved by the City Attorney. The amount of the bond will be five thousand dollars ($5,000.00) or the value of the restoration, whichever is greater, as determined by the City Inspector for a term consistent with the term of the right-of-way permit plus four (4) additional years conditioned upon the ROW user's faithful performance of the provisions, terms and conditions conferred by this Article.
C. 
In the event the City shall exercise its right to revoke the right-of-way permit as permitted herein, then the City shall be entitled to recover under the terms of said bonds the full amount of any loss occasioned. A copy of the maintenance and performance bonds must be on file with the City Clerk. No maintenance or performance bond will be required of any residential property owner excavating or working in the right-of-way adjacent to his/her residence who does not utilize a contractor to perform the excavation or work.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or performing any excavation or work in the right-of-way shall fully indemnify, release, defend and hold harmless the City and agents of the City when acting in their capacity as municipal officials, employees, elected officials, attorneys 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, to the extent caused by acts or omissions of the person or its agents, contractors or subcontractors in the performance of the permitted excavation or work. 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 its duty to defend against liability or its duty to pay any judgment entered against the City or its agents. All ROW users shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor performing permitted excavation or work for such ROW user hereunder.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or performing any excavation or work in the right-of-way shall fully indemnify, release, defend and hold harmless the City and agents of the City when acting in their capacity as municipal officials, employees, elected officials, attorneys, contractors and agents from and against any and all claims, demands, suits, proceedings and actions, liability and judgment by other persons for contractual or economic losses, damages, costs and expenses, including attorney fees, to the extent caused by failure of a ROW user or its agents, contractors or subcontractors to relocate or adjust its facilities pursuant to the provisions of this Article.
[Ord. No. 1527 §1, 8-7-2006]
Any person operating under the provisions of this Article or performing any excavation or work in the right-of-way shall be liable for any damages to facilities due to excavation or work performed by the person, including damage to underground facilities that have been properly identified prior to commencement of excavation or work. Any person operating under the provisions of this Article or performing any excavation or work in the right-of-way shall fully indemnify, release, defend and hold harmless the City and agents of the City when acting in their capacity as municipal officials, employees, elected officials, attorneys, contractors 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, associated with damage to the facilities of other ROW users by a person or its agents, contractors or subcontractors.
[Ord. No. 1527 §1, 8-7-2006]
Any ROW user may satisfy the insurance, bonding and indemnification provisions of this Article through a valid franchise agreement with the City. Any requirements thus satisfied shall be indicated on the ROW user's registration and shall not be required for each right-of-way permit. This Section shall not apply to an applicant acting on behalf of a ROW user, unless the applicant is listed as an additional insured on the ROW user's insurance policy and is covered by the surety. The applicant must submit evidence of the satisfaction of these requirements prior to issuance of a right-of-way permit.