[R.O. 2009 § 510.080; Ord. No. 3663 § 2, 2-23-2017]
A. 
Property Repair And Alterations.
1. 
No Damage. During any ROW work, the person doing the work shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property, or private property disturbed or damaged during the work shall be repaired or replaced by the person doing the work or the person on whose behalf the work is being done and such person shall immediately notify the owner of the fact of any damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and Public Works Director and to their satisfaction.
2. 
Alterations. Any alteration to the existing water mains, sewerage or drainage system, or to any City, State, or other public structures or facilities in the rights-of-way required on account of the construction, installation, repair, or maintenance of facilities in the rights-of-way shall be made at the sole cost and expense of the owner of such facilities.
B. 
Restoring And Maintaining The Rights-Of-Way And Excavated Area.
1. 
Restoration. To complete any ROW work, the ROW user shall restore the rights-of-way and surrounding areas, including, but not limited to, any pavement, foundation, concrete slabs or curbs, screening, landscaping or vegetation and shall comply with other reasonable conditions of the Director and Public Works Director. The Director and Public Works Director shall have the authority to approve landscaping restoration that does not include street tree replacement in accordance with the policy of this Chapter. Restoration of the rights-of-way shall be completed within the dates specified in the ROW permit unless the Director issues a waiver, extension, or a new or revised ROW permit.
2. 
Backfill Requirements. It shall be the duty of any person making an excavation in the rights-of-way to backfill such excavations and restore the surface in accordance with the City's minimum prescribed standards for such surfaces, this Chapter, and the following standards as determined by the Public Works Director:
a. 
The Director shall be notified at least four (4) hours before backfilling is begun and shall inspect the excavation as often as is necessary. No excavated materials shall be allowed to accumulate on the site of the work. Substitution may be made for granular backfill only with the specific approval of the Public Works Director.
b. 
Approved granular backfill material shall be composed of a mixture of crushed stone or gravel and sand, free from clay lumps and trash and conforming to the following analysis: Passing one (1) inch screen one hundred percent (100%); passing one-half (1/2) inch screen thirty-five percent (35%) to sixty-five percent (65%); passing No. 50 screen not more than twenty percent (20%); total clay and silt not more than twenty percent (20%). Other materials may be used only when they have the approval of the Public Works Director. Granular backfill is to be placed in horizontal layers not greater than four (4) inches before compacting and shall be thoroughly compacted by mechanically operated tamping.
c. 
If the excavations are made in the improved portion of the rights-of-way, twelve (12) inches of granular backfill will be placed over exposed facilities and controlled low strength material (CLSM) will fill the hole within eight (8) inches of the finished surface for concrete pavements. There will be a plastic membrane placed between the rock base and the CLSM to prevent the material from bleeding into the rock base. The remaining eight (8) inches will be restored by placing a twenty-eight-day minimum strength, four thousand five hundred (4,500) psi concrete mix.
d. 
If the excavations are made in the improved portion of an asphalt or combination street, twelve (12) inches of granular backfill will be placed over exposed facilities and CLSM will fill the hole within nine (9) inches of the finished surface. There will be a plastic membrane placed between the rock base and the CLSM to prevent the material from bleeding into the rock base. The remaining nine (9) inches will be restored by placing a six-inch thick, twenty-eight-day minimum strength, four thousand five hundred (4,500) psi concrete mix under a three (3) inch asphalt concrete lift of type C mix to meet existing grades.
e. 
See Section 430.200, General Driveway Regulations.
3. 
Methods Of Pavement Removal, Excavation And Backfill. The person making an excavation shall abide by the following conditions:
a. 
The initial cut in a street pavement shall be equal to the width of the trench with the option of being jack hammered or saw cut. The final cut in an asphaltic concrete street pavement shall be one (1) foot wider than the trench width and shall be made only by saw cutting of the pavement.
b. 
For cuts in concrete paved streets, concrete pavement replacement shall be full slab length (joint-to-joint) and full slab width (curb or gutter to street centerline) unless specifically authorized otherwise by the Public Works Director.
c. 
Refill excavation with suitable unfrozen materials free from trash, rubbish, vegetative and deleterious material, and/or rocks over three (3) inches in maximum dimension, in layers not exceeding eight (8) inches in depth and each layer shall be compacted thoroughly.
d. 
Compaction shall meet or exceed the most current version of the standards and conditions of the City and the ASTM International (American Society for Testing and Materials). If inspections were not requested or a valid excavation permit obtained, the City may require compaction testing by a registered professional engineer licensed in the State of Missouri at the ROW user's expense.
4. 
Failure To Restore. If a ROW user fails to restore the rights-of-way to its reasonable before condition (including placement of sod to restore any grassy areas unless such requirement is waived by the Public Works Director in his/her sole discretion based on area disturbed and weather conditions) within the date specified either by the ROW permit or any extension thereof as granted by the Director, the City may perform its own restoration. If the City performs the restoration, the ROW user shall be responsible for reimbursing the City's reasonable actual restoration costs within thirty (30) days of invoice. The City may use the required performance bond to repair the same, if necessary.
5. 
Inspection. If any person fails to contact the Director for an inspection within a reasonable time, as determined by the excavation permit issued for the excavation, after completion of the work, to ensure that the rights-of-way or other public place has been restored to as good a condition as it was previous to such excavation being made, the excavation shall not be deemed complete and the ROW user shall be in violation of this Chapter.
6. 
Guarantee. Every ROW user in restoring the rights-of-way, shall guarantee its work and shall maintain it for forty-eight (48) months following its completion in accordance with Section 67.1834, RSMo. During the forty-eight (48) months, the ROW user shall, upon notification from the Director, correct all restoration work to the extent necessary, using any method as required by the Director and Public Works Director. Said work shall be completed within a reasonable time, not to exceed thirty (30) calendar days, of the receipt of notice from the Director (not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable). In the event the ROW user is required to perform new restoration pursuant to the foregoing guarantee, the Director 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 requirements. The foregoing shall not apply to living materials restored in the rights-of-way, but living materials in the rights-of-way shall be replaced (with the exception of street trees unless otherwise directed by the Director and Public Works Director to carry out the intent of this Chapter) and all reasonable efforts shall be taken to assure their survival.
7. 
No Waiver. ROW user shall not be relieved of the obligation to complete the necessary rights-of-way restoration and maintenance because of the existence of any performance bond required by this Chapter.
C. 
ROW Permit Displayed. At all times during the ROW work, ROW permits shall be conspicuously displayed at the work site and shall be available for inspection by the Director or Public Works Director.
D. 
Modification Requiring New ROW Permit. If at any time it appears that the duration or scope of the ROW work is or will become materially different from that allowed by the ROW permit, the ROW user shall inform the Director. The Director may issue a waiver, an extension or revised ROW permit, or require that the ROW user reapply for a ROW permit in accordance with all requirements of this Chapter.
E. 
Hours. The ROW user shall perform ROW work effecting traffic at such times that will allow the least interference with the normal flow of traffic and the peace and quiet of the neighborhood as permitted by the Director and Public Works Director. Unless otherwise provided by the Director in the ROW permit, non-emergency ROW work on arterial and collector streets may not be accomplished during the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. in order to minimize disruption of traffic flow.
F. 
Notification Of Street Closure. The ROW user shall notify the City no less than five (5) business days in advance of any ROW work that would require any street closure or would reduce traffic flow to less than two (2) lanes of moving traffic for more than four (4) hours. Except in the event of emergency ROW work as provided herein, no such closure shall take place without notice and prior authorization from the Director. The Director shall promptly provide notice to the Board of any authorized street closure.
G. 
Barricades Required. All ROW work that affects vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected at the ROW users expense. In addition, whoever shall excavate adjacent to and bordering any highway, thoroughfare, or public place, shall, during the night, cause same to be fenced in with a substantial fence at least three (3) feet high and shall cause a yellow light or other approved warning light to be kept burning thereon during the night. Whoever shall dig or cause to be dug in any highway, thoroughfare, or sidewalk a vault or trench, shall arch or cover the same over and secure the grating or covering of the opening thereof in such a manner as to prevent persons, animals and vehicles from falling therein. Every ROW user shall be responsible for providing adequate traffic control to the area surrounding the work as determined by the Director and Public Works Director.
H. 
Cleaning Up; Removing Mud From Vehicles. The person performing ROW work under the requirements of this Chapter shall immediately, after the work is completed and the refill is made, clean up and haul away all surplus earth, rock, debris, or other rubbish. The person shall remove dirt from the wheels of all vehicles leaving any site where mud has accumulated on the wheels before such vehicles enter any public street of the City. It shall be unlawful for any person to permit any vehicles to leave such place with mud on the wheels which is liable to be dispersed over any public street of the City and it shall be unlawful for any driver of a vehicle to enter upon the public streets of the City without having removed or had mud removed from the wheels prior to such entry. Each occurrence shall be a separate offense. The person shall be responsible for damages to the City, or its contractors, resulting from such failure and shall indemnify the City and its contractors as provided herein and pay the costs for remedying such failure.
I. 
Safety Code Compliance. All ROW work shall be in accordance with all applicable Sections of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code, and other Federal, State, or local laws and regulations that may apply including, without limitation, local health, safety, construction, and zoning ordinances and laws and accepted industry practices, all as hereafter may be amended or adopted. In the event of a conflict among ordinances and standards, the most stringent ordinance or standard shall apply (except insofar as that ordinance or standard, if followed, would result in a facility or other structure that could not meet requirements of Federal, State or local law).
J. 
Quality. All facilities and other structures shall be of good and durable quality. All facilities shall be maintained in good and safe condition.
K. 
Safety Precautions. All safety practices required by law shall be used during ROW work, including commonly accepted methods and devices to prevent failures and accidents that are likely to cause damage, injury, or nuisance to the public. All ROW work shall be conducted in accordance with good engineering practices, performed by experienced and properly trained personnel so as not to endanger any person or property or to unreasonably interfere in any manner with the rights-of-way or legal rights of any property owner, including the City, or unnecessarily hinder or obstruct pedestrian or vehicular traffic.
L. 
Contractor/Subcontractor Responsibility. Any contractor or subcontractor of a person performing excavation or a ROW user must be properly licensed under laws of the state and all applicable local ordinances and each contractor or subcontractor shall have the same obligations with respect to its work as a ROW user would have pursuant to this Chapter. All persons performing excavation and all ROW users:
1. 
Must ensure that contractors, subcontractors, and all employees performing ROW work are trained and experienced;
2. 
Shall be responsible for ensuring that all work is performed consistent with the ROW permit and applicable law;
3. 
Shall be fully responsible for all acts or omissions of contractors or subcontractors; and
4. 
Shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor.
M. 
No Advertising. A person performing excavation or a ROW user shall not place or cause to be placed any sort of signs, advertisements, or other extraneous markings on facilities or in the rights-of-way, whether relating to the person performing excavation, ROW user or any other person, except such necessary minimal markings approved by the City as necessary to identify facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
N. 
Street Boring. Street crossings will be bored at the direction of the Director and Public Works Director.
O. 
As-Built Required. After the completion of ROW work, the person performing the ROW work or the ROW user shall provide to the City as-built drawings, maps or other comparable records as determined by the Director, drawn to scale and certified to the City as reasonably depicting the location of all facilities or other structures constructed pursuant to the ROW permit. Such records may be provided to the Director in the form maintained by the person performing excavation or the ROW user, but when available, shall be submitted in automated formats that are compatible with City systems, as determined by the Director, or in hard copy otherwise.
[R.O. 2009 § 510.090; Ord. No. 3663 § 2, 2-23-2017]
A. 
Insurance.
1. 
Insurance Required. Before a ROW agreement, franchise, or ROW permit as herein provided is issued, before any excavation begins, and before a ROW user has facilities in the rights-of-way, the applicant shall file with the City evidence that such applicant has comprehensive general liability and property damage insurance that includes contractual liability coverage with minimum limits in no event less than the maximum amounts of liability set forth in Section 537.610, RSMo., applicable to political subdivisions. The insurance shall 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 that may arise from the excavation or use of the ROW. Any deductible above fifty thousand dollars ($50,000.00) is not permitted. All general liability insurance policies shall name the City, its officers, boards, board members, commissions, commissioners, agents, and employees as additional insureds with full an equivalent coverage as the insured under the policy and shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given to the Director. A person performing excavation or ROW user shall not cancel any required insurance policy without submission of proof that it has obtained alternative insurance that complies with this Chapter.
2. 
Form. All insurance policies shall be with sureties qualified to do business in the State of Missouri with an "A" or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition and in a form approved by the City.
3. 
Copy Required. A copy of the insurance certificates and any other documentation necessary to show compliance with the insurance requirements herein must be on file with the City Clerk.
4. 
Exceptions.
a. 
The Director may exempt in writing from these insurance requirements any self-insured person performing excavation or ROW user, provided that the person performing excavation or ROW user demonstrates to the Director's satisfaction that the self-insurance plan is commensurate with said requirements, that the person performing excavation or ROW user has sufficient resources to meet all potential risks, liabilities, and obligations contemplated by the requirements of this Chapter, and that such waiver is in the public interest. The Director may require a security fund or letter of credit as a condition to a self-insured's exemption.
b. 
The Director may waive this requirement or reduce the amount of insurance so required when in the Director's sole discretion, the work involves no or only minor disruption or damage to the rights-of-way.
c. 
The insurance requirements in this Section or otherwise shall not apply to an entity to the extent and for such period during an agreement, franchise, license, or ROW permit issued hereunder if such person is exempted from such requirements pursuant to Section 67.1830(6)(a), RSMo., and has on file with the City an affidavit certifying that the entity has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted unless otherwise provided by agreement or franchise. Additionally, in accordance with Section 67.5121(3), RSMo., a self-insured ROW user shall not be required to obtain insurance naming the City as an additional insured solely to the extent such ROW user is utilizing "small wireless facilities" as defined in the Uniform Small Wireless Facility Deployment Act within the ROW. This exception to the City's insurance requirements shall only apply as related to such "small wireless facilities" and shall not otherwise alter the obligations of a ROW user to provide appropriate insurance to the City for any other activities or operations.
[Ord. No. 3888, 12-20-2018]
B. 
Indemnification. Any person performing excavation or a ROW user as a condition of use of the right-of-way shall at its sole cost and expense fully indemnify, protect, defend (with counsel acceptable to the City), and hold harmless the City, its municipal officials, officers, employees, 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, arising, directly or indirectly, in whole or in part, from the action or inaction of the person performing excavation or ROW user, its agents, representatives, employees, contractors, subcontractors, or any other person for whose acts the person performing excavation or ROW user may be liable, in constructing, operating, maintaining, repairing, restoring, or removing facilities or other structures, or use of the right-of-way or the activities performed, or failed to be performed, by the person performing excavation or ROW user under this Chapter or applicable law, or otherwise, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents, or contractors. 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 the duty to defend against liability or its duty to pay any judgment entered against the City or its agents. This indemnification shall survive the expiration or termination of any ROW agreement, license, or ROW permit for a period of five (5) years after the effective date of expiration or termination. Provided, however, that in accordance with Section 67.5121(2), RSMo., a ROW user which is a wireless provider, as defined by Section 67.5111, RSMo., for and in relation to that wireless providers operation of "small wireless facility" as defined in the Uniform Small Wireless Facility Deployment Act within the ROW shall only indemnify and hold the City, its officers, and employees, harmless against any damage or personal injury caused by the negligence of the ROW user, its employees, agents, or contractors. This exception shall only apply to the ROW user's "small wireless facilities" and shall not otherwise alter the obligations of a ROW user to provide indemnification to the City for any other activities or operations.
[Ord. No. 3888, 12-20-2018]
[R.O. 2009 § 510.100; Ord. No. 3663 § 2, 2-23-2017]
A. 
Least Interference Required. All excavation in the rights-of-way or other public place shall be placed where they will cause the least possible inconvenience to the public. The width and length of the excavation shall be no greater than is necessary for doing the work and sheathing and bracing shall be used as necessary to keep the sides of the trench vertical and to prevent caving. Adequate provision for the proper drainage of the areas surrounding the work shall be maintained at all times.
B. 
Minimum Encumbrance Required. No person shall open or encumber more of the rights-of-way than is reasonably necessary to complete the excavation or ROW work in the most expeditious manner or allow an excavation to remain open longer than is necessary to complete the work.
C. 
Interference Control. The person performing excavation shall cause the excavation to be done with the least possible injury to the pavement, sidewalk, curbing, parkway, or other surface and shall place the materials from the excavation where they will cause the least possible inconvenience to the public and permit the uninterrupted passage of water along the gutters. The width of the excavation shall be no greater than is necessary for doing the work.
D. 
Erosion Control. Before new excavation or construction is commenced and until sodding, planting, concreting, paving, or other final surfacing is in place, which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets, and the rights-of-way, the person performing excavation shall erect and maintain approved temporary erosion control measures to prevent such washing or spreading of materials. At the end of each day and as required throughout the day during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters, streets, and the rights-of-way resulting from work must be removed.
[R.O. 2009 § 510.110; Ord. No. 3663 § 2, 2-23-2017]
A. 
Inspections. All ROW work and facilities shall be subject to inspection by the City and the supervision of all Federal, State, and local authorities having jurisdiction in such matters to ensure compliance with all applicable laws, ordinances, departmental rules and regulations, and the ROW permit.
B. 
Stop Work Orders. The Director and Public Works Director shall have full access to all portions of the ROW work and may issue stop work orders and corrective orders to prevent unauthorized work or substandard work as established herein. Except in cases of an emergency or with approval of the Director or Public Works Director, no ROW work may be done in violation of a stop work order issued by the Director. Such orders:
1. 
May be delivered personally or by certified mail to the address(es) listed on the application for the ROW permit or the person in charge of the construction site at the time of delivery;
2. 
Shall state that substandard work or work not authorized by the ROW permit is being carried out, summarize the substandard or unauthorized work, and provide a period of no longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety; and
3. 
May be enforced by equitable action in the Circuit Court of St. Louis County, Missouri and in such case the person responsible for the substandard or unauthorized work shall be liable for all costs and expenses incurred by the City in enforcing such orders, including reasonable attorneys' fees, in addition to any and all penalties established in this Chapter.
C. 
Appeals. Unless otherwise required by law, the review procedures set forth in Chapter 160 of this Code shall govern appeals by any aggrieved person of a final action of any City officer, employee, board, commission, or the Board of Aldermen under this Chapter that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Chapter 160 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials, or commissions.
D. 
Penalties. In addition to any other penalties and remedies for violations that may exist in law or equity, any person that violates any provision of this Chapter shall be subject to such penalties as set forth in Section 100.120 of this Code per day for each and every day the violation exists or continues.
[R.O. 2009 § 510.120; Ord. No. 3663 § 2, 2-23-2017]
In addition to any rights specifically reserved to the City by this Chapter, the City reserves unto itself every right and power which is required to be reserved by a provision of any ordinance under any registration, ROW permit, or other authorization granted under this Chapter, and as may be authorized by Chapter 67, RSMo., and other authority applicable to regulation of the use of the rights-of-way. Notwithstanding anything to the contrary set forth herein, the provisions of this Chapter shall not infringe upon the rights of any person pursuant to any applicable State or Federal statutes, including, but not limited to any right that may exist to occupy the rights-of-way.