901.04 SUPERVISION BY VILLAGE ADMINISTRATOR.
   (a)   All openings made within the street lines or sidewalks shall be subject to the directions of and under the supervision of the Village Administrator. All paving, material, flagging, curbing and ballasting shall be carefully removed and preserved. After the work is done, as contemplated by the permit application, the trench or opening shall be refilled in accordance with the directions of the Village Administrator, and the flagging, concrete, paving or other paving material shall be properly replaced under the supervision of the Village Administrator. All work shall be at the applicant's expense.
(Ord. 675. Passed 6-21-65.)
   (b)   The applicant shall comply with the following additional terms and conditions:
      (1)   No work shall begin until the applicant has an approved right of way permit and has submitted the required bond and evidence of insurance.
      (2)   The permit holder must contact the Ohio Utilities Protection Service (OUPS) to locate all existing utilities in the proposed work areas for project design and again at least two days prior to construction. All utilities which are not members of the OUPS shall be contacted directly.
      (3)   All excavations shall be pre-marked by the contractor performing the excavation for the immediate area and perimeter of the proposed excavation site before notifying OUPS about the proposed excavation. The markings must be made in white. The white marking may be through the use of an industry recognized method such as chalk-based paint, flags, stakes, or other method applicable to the specific site. When possible, the markings must indicate the excavator's identity by name, abbreviation or initial(s).
      (4)   All contractors must be registered with the Village.
      (5)   Any contractor using trenchless excavation methods (e.g. directional drilling) to install a proposed utility shall perform the following:
         A.   Confirm all underground utility facilities at each crossing point by the proposed excavation in a non-destructive manner (e.g. potholing).
         B.   Confirm all parallel underground utility facilities in a nondestructive manner at the beginning and end of each trenchless excavation. Any parallel underground utility facility that is within five feet of the proposed alignment shall also be exposed every 100 feet. Any parallel underground utility facility that is within three feet of the proposed alignment shall be exposed every fifty feet.
         C.   Ensure that the final product installation maintains a minimum twelve inch or other agreed upon clearance from existing underground utility facilities.
      (6)   All traffic control within the work area will be maintained in accordance with the Ohio Manual of Uniform Traffic Control Devices at all times during construction. All traffic control shall also comply with the Village of Mount Gilead Traffic Control Ordinances.
      (7)   All excavation under and within three feet of the edge of the pavement will require premium backfill with ODOT #304 limestone. Compaction efforts shall be in accordance with ODOT standards.
      (8)   All excavation three feet beyond the edge of pavement shall be backfilled and compacted in accordance with ODOT Item 203.
      (9)   If settlement does occur within a two year period after completion of construction, the applicant shall place additional fill as required and also perform the associated restoration of the area disturbed.
      (10)   All disturbed areas shall be restored to the original or better condition.
      (11)   Any infrastructure (i.e. pavement curbs, sidewalks, utilities, etc.) which is disturbed or damaged shall be replaced as directed by the Village Administrator.
      (12)   The permit holder or its contractor shall immediately notify the Village Administrator and the utility's owner, if other than the Village of Mount Gilead, of any damage to any utility resulting from the construction of the proposed work. The permit holder or its contractor shall temporarily suspend further construction of the proposed work and immediately repair or replace at the permit holder or contractor's sole expense and under the direction of the Village Administrator any utility so damaged. Failure by the permit holder or its contractor to make the above notifications and repairs to the satisfaction of the Village may result in suspension of the right of way permit, during which time no further work may proceed. After the damaged utility is replaced or repaired to the satisfaction of the Village Administrator and the utility owner, if other than the Village of Mount Gilead, the right of way permit shall be reinstated and the proposed work may continue.
      The permit holder shall indemnify the Village for the full value of all costs and expenses incurred by the Village in repairing or replacing any damage to any utility left unrepaired by the permit holder, or that is repaired or replaced by the permit holder or its contractors in an unsatisfactory manner as determined in the sole discretion of the Village. Additionally, the permit holder shall indemnify the Village for the full value of any costs incurred from the need to use any Village personnel and equipment in repairing or replacing any damaged utility. At any time during a utility damage incident, the Village reserves the right to halt the work of the permit holder and its contractor, and hire a third party contractor to complete any required repairs. The permit holder shall indemnify the Village for the full value of any costs incurred in hiring a third party contractor.
      (13)   The permit holder and its contractor will assume all responsibility for safety during the construction period.
      (14)   The permit holder and its contractor will follow all OHSA standards during execution of the work.
      (15)   The Village Administrator shall be notified seven days prior to commencement of work.
      (16)   As-built drawings shall be provided to the Village Administrator within thirty days of the completion of work.
(Ord. 1670. Passed 2-20-12.)