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The full primary responsibility of any excavation, trench, or other street opening shall be that of the permit applicant, who shall at all times keep the same properly guarded and enclosed so that the safety of persons and vehicles using the street, alley, or roadway will be assured. This responsibility shall continue until permanent replacement of the pavement or the roadway surface to its original status is made, and shall include the defense, settlement, and payment of any and all claims, actions, and court judgements for damages or injuries to anyone arising in any way out of the creation or maintenance of the excavation, trench, or other street opening by the permit holder. (1980 Code 95.12)
(a) After any pipes, conduits, drains, or other underground structures are laid or any excavation is made in the roadway, the trenches or openings shall be properly backfilled with approved backfill material. Trench backfill shall include material placed above a plane six inches above the barrel of the pipe. The backfill material shall consist of Item 310.12, Ohio Department of Transportation Specifications granular backfill, and shall be mechanically tamped in eight-inch layers. Driving over the trench, using bucket of a backhoe, or jetting the trench shall not be considered as alternatives to mechanical tamping.
(b) All backfill material must be approved by the Municipal Engineer prior to placement. (1980 Code 95.13)
(a) Material satisfactory to the Municipal Engineer shall be used as the final course so there will be a firm and solid surface. In no case shall the material so placed be allowed to project above or below the grade of the road as originally established. All surplus material shall be removed in a manner satisfactory to the Municipal Engineer. The permit holder shall maintain the pavement and berm over the trench in a manner acceptable to the Municipal Engineer.
(b) The surface and base of the disturbed pavement shall be replaced with the material specified by the Municipal Engineer and according to his specifications. The area of pavement to be replaced shall extend twelve inches outside the limits of the ditch in all directions. The pavement will be replaced with six inch concrete per ODOT 305 overlayed with two inch asphalt ODOT 404, if the existing pavement is asphalt. The permit holder has the option as follows:
(1) Replace the pavement himself within thirty days; or
(2) Have Municipal street crew replace the pavement at the permit holder's cost.
(1980 Code 95.14)
Whenever the pavement is disturbed it will be replaced by the permit holder and the cost of such work shall be borne by the permit holder. Until such time as the road base and surface shall have been replaced, any cost of maintenance of keeping the roadway in passable condition shall be borne by the permit holder.
(1980 Code 95.15)
(a) At all times during the progress of the work, adequate protection and passage shall be provided by the permit holder for the traveling public. Barriers shall be erected and maintained as may be necessary for the protection of the traveling public; the same shall be properly lighted at night; and the party or parties to whom this permit is issued shall be responsible for all damages to person or property due to or resulting from any work done under this permit. All detour routes must be approved in advance by the Municipality and the route shall be properly posted with signs so as to clearly direct the motorist in the most appropriate route around the excavation site.
(b) In the event that any conditions which are hazardous to the traveling public shall develop during or after any excavation, the Municipal Administrative Director shall contact the contractor to correct the same, or if the contractor is not immediately available or cannot be contacted, then the defect shall be corrected by Municipal employees and the expense of such repairs charged against the contractor's deposit or bond.
(1980 Code 95.16)
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