[CC 1992 § 45.010]
A.
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.
B.
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.
C.
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).
D.
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.
E.
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.
