[CC 1992 § 45.010]
Any and all excavations made in the public right-of-way of the City for the purpose of installing new water or sewer lines, repair of said lines or for any other purpose for which said lines are uncovered shall be backfilled using the following procedure. A layer of sand, washed or unwashed, not less than eight (8) inches in depth, shall be spread under each sewer or water line. The line will then be covered by an additional sixteen (16) inches of sand to give a total depth of sand of twenty-four (24) inches. The remainder of the ditch may then be backfilled with use of the excavated material with the surface of the opening being returned to its original finish.
If the opening is made into a concrete or asphalt street the surface shall be cut six (6) inches wider on each side and ends than the edge of the excavation into the dirt or the ditch itself. If the opening is made into a concrete street a cap of at least the original thickness of the street surface shall be used and the edges sealed with tar. If the opening is into an asphalt street the method of backfilling as described above will be used to a level six (6) inches below the surface, properly tamped, and the final six (6) inches being covered with asphalt and sealed with tar. If the excavation is into a graveled street or roadway the final six (6) inches of backfill will be gravel with the cut being properly tamped to prevent settling. The contractor or person making the excavation shall be responsible for a reasonable length of time, to be determined by the Board of Aldermen, for repairing and/or filling the excavation should settling occur. The required bond deposit may be used for this purpose by the City should the contractor fail to make the necessary repairs. The bond shall be returned to the contractor when the Board of Aldermen is satisfied that all work has been accomplished in a workmanlike manner according to the terms of this Chapter.
No excavation shall be made by any person, firm or corporation in the public right-of-way in the City of Center until a performance bond, acceptable to the City of Center, has been deposited with the City Collector. The following bond schedule shall be adhered to: if the proposed street excavation shall extend less than one-half (1/2) the width of the improved portion of the street, a bond of seventy-five dollars ($75.00) shall be deposited; if it extends one-half (1/2) or more of the improved portion of the street, the bond shall be one hundred fifty dollars ($150.00); if the excavation shall run parallel to the improved portion of the street and not into the improved portion, the bond shall be fifty dollars ($50.00).
A performance bond in the above amounts may be posted with the City Collector in the form of cash or a security bond of a bonding company licensed to do business in the State of Missouri and acceptable to the City of Center. Said bond will be returned or released when the City is satisfied that the work has been accomplished according to the terms of this Chapter and that settling of the excavation or further settling will not occur but not more than ninety (90) days from the date of approved backfilling or repair of the opening should settling occur.
In the event the excavation shall settle it shall be responsibility of the person bonded to perform the work to repair same immediately. He/she shall be responsible for any damage occurring because of said excavation and shall hold the City harmless in the event of injury to persons or property. He/she shall be responsible for barricading the excavation and lighting same in the event the excavation must be left open after normal working hours but will make every reasonable effort to close such excavation prior to the end of the normal workday.