(A) Requirements and covenants; purpose and application. In order to protect the public welfare and interests in the highways of the county, certain safeguard provisions must be instituted by the City Department of Public Works (DPW) with respect to sanitary sewers and water mains installed within county highway rights-of-way. These provisions are applicable in general to all such utility projects, including the lateral systems.
(B) Minimum requirements. Insofar as the responsibilities of the DPW are concerned, these provisions shall include the following minimum requirements.
(1) Insurance. The contractor shall indemnify and save harmless the DPW, its agents, principals, and employees from any and all liability or damage claims to public or private property arising by reason of any work performed by the contractor within the right-of-way of any public highway under the jurisdiction of the DPW of this city. A separate insurance policy protecting the DPW may be required.
(2) Permits. All work performed within the county highway right-of-way shall be in accordance with the requirements of the DPW as applicable and shall be performed under permits issued by the DPW to construct within the right-of-way. Permit and inspection fees shall be in accordance with DPW schedules.
(3) Safety precautions. Protection of the work, including property and persons within the county highway right-of-way, shall be in accordance with the current edition of the State Manual of Uniform Traffic-Control Devices, unless specifically waived in writing by the DPW. This item includes but is not limited to the provision and responsibility for proper barricades and lighting necessary to provide for public safety.
(4) Reservation of payment. The owner may withhold funds payable to the contractor as shall be necessary to protect the DPW from loss on account of damage or uncompleted work to public facilities under the jurisdiction and control of the DPW.
(5) Protection and restoration of property.
(a) The contractor shall be responsible, within the road right-of-way, for any and all conditions due to improper workmanship or material or any cause attributable to operations included in the sewer contract, as evidenced by trench settlement or other conspicuous defects or damage to the roadway for a period of 2 years after date of completion and acceptance of the work by the owner, unless the 2-year period is specifically waived by the execution of a performance agreement by and between the contractor and the DPW, in which case the terms of the agreement shall apply. Any trench settlement or other defects or damage resulting from the contractor’s work within the roadway will be forthwith corrected by the contractor upon receipt of complaint attesting thereto from the DPW.
(b) All surplus dirt, debris, excess construction materials, temporary buildings, or similar structures and appurtenances resulting from the contractor’s operations shall be entirely removed from the public road right-of-way and all roads shall be left in a clean, neat condition including restoration of ditches and drainage facilities as soon following trench backfill or hole filling as is practicable but not to exceed 60 days thereafter.
(c) All public signs in areas under the jurisdiction of the DPW shall be removed and replaced by the DPW. The contractor shall notify the DPW at least 48 hours prior to requiring any sign removal. The cost of sign removal and replacement shall be paid for by the contractor. Failure to pay for that work within 30 days following billing will be considered grounds for withholding payment or revoking permits.
(d) Transverse trenches within the county road right-of-way shall be backfilled with porous material approved by the DPW, and shall extend from outside edge of shoulder to outside edge of shoulder. Backfill compaction shall be minimum of 95% maximum density based on modified proctor method.
(e) Backfill under all shoulders shall be brought to an elevation that will allow for the placement of a minimum of 4 inches of class AA shoulder gravel (MDSH 22A designation) thoroughly compacted with power equipment and stabilized with flake or liquid calcium chloride in quantities designated by the DPW (usually 10 lb. of flake or 2.0 gallons of 38% solution per ton of gravel).
(f) Trenches parallel to the road, the inside edges of which fall between 3 feet and 15 feet from the edge of hard surfacing in ditch sections, may be backfilled with excavated material placed in layers not more than 12 inches in depth, loose measure, and compacted to 95% of maximum density. Backfilling of trench shall not fall more than 200 feet behind pipe laying operation unless otherwise authorized by the DPW.
(g) Construction trenches or other excavations which cross or parallel the public highway resulting in excavation or damage to the existing gravel road shall be backfilled with approved porous material as specified heretofore; however, the backfill shall be constructed to an elevation to allow the placing of 12 inches of compacted 22A aggregate (MDSH designation) placed in 6-inch layers thoroughly compacted with power equipment and maintained until all settlement has taken place. This gravel shall be stabilized with calcium chloride flakes at the rate specified by the DPW.
(h) In the event a gravel road is not excavated or undermined, but is contaminated and damaged by excavated material by the contractor, the road shall be cleaned of contaminating material to the best of the contractor’s ability prior to resurfacing and shall be resurfaced by the contractor to the width shown on the plans with a minimum of 30 tons of 22A aggregate (MDSH designation) per 100 foot station. This gravel shall be stabilized with liquid calcium chloride at a rate of 2.0 gallons (38% solution) per ton of gravel.
(i) For concrete and asphalt pavements, hard-surfaced roads that are damaged or disturbed by the contractor shall be replaced as follows.
1. The damaged area shall be removed by sawing deep enough to allow a straight cut parallel with longitudinal and transverse construction or contraction joints. The saw cuts shall not be nearer than 5 feet to a transverse joint or to the center of the pavement, or to the edge of surfacing; i.e., no replacement shall be less than 5 feet in width, and if the damaged surfacing is nearer than 5 feet to a joint or centerline of a pavement, the removal and replacement shall be extended to that joint or centerline.
2. After the subbase has been compacted and approved, the surfacing shall be replaced with material of the kind, thickness, and type used in the original construction, unless that material has been superseded by another type as described in the MDSH Standard Specifications. In which case, asphalt surfaces of required thickness shall be replaced with 4.11 bituminous aggregate surface course dense graded, hot plant mix and concrete pavement shall be replaced with 4.14 concrete pavement, grade A, in accordance with MDSH Standard Specifications, current edition.
3. Soil cement (portland cements stabilized base) roads shall be replaced with 6 inches 3.07 concrete base course and 12 inches 4.11 bituminous aggregate surface course or 72 inches concrete pavement, grade A, in accordance with MDSH Standard Specifications.
(j) The contractor shall tunnel, jack, or bore under paved county roads in accordance with the requirements of the DPW. Details pertinent to these requirements are obtainable at 211 West Oakley Street, Flint, Michigan 48503.
(k) Existing storm sewers, gutters, drains, and other waterways encountered within the limits of county roads or otherwise serving to drain those roads shall be maintained and service not unduly interrupted. Temporary provisions to maintain sewer and drain service shall be provided by the contractor at his or her expense. Unless otherwise approved by the DPW, the contractor shall replace any disturbed sewer or drain, or relay same at a new grade approved by the DPW so that sufficient clearance between sewers is provided and all functions retained.
(l) During the progress of the work, the contractor shall accommodate vehicular and foot traffic except as otherwise specified herein and shall provide access to fire hydrants, and water and gas valves.
(m) Street and road surfaces disturbed by the contractor’s operations shall be replaced with original type material or with materials specified by the DPW as hereinbefore mentioned. Street signs, mail boxes, private drives, culverts, ditches, and other improvements within the county right-of-way shall be restored in a manner acceptable to the DPW. Disturbed lawn or other areas normally covered by vegetation within the highway right-of-way shall be restored to required grade and seeded, mulched, and fertilized as specified by the DPW.