§ 94.009 CONTRACTOR’S RESPONSIBILITY.
   (A)    The related costs of maintenance and restoration of approved haul roads shall be the contractors’ responsibility. This section applies only to trucks that operate with a gross weight in excess of 55,000 pounds on non-truck route streets in the city. Vehicles operating below 55,000 pounds gross weight shall not be required to operate subject to this section.
   (B)   Any contractors performing jobs within the corporate limits of the city who haul sand, rock gravel, cement or debris shall, not less than two weeks prior to hauling, designate to the Public Works Director any city street that the contractors will utilize in their hauling as a haul road.
   (C)   (1)   Any haul road proposed by the contractor shall be reviewed by the Public Works Director.
      (2)   If the Public Works Director finds that the haul road is not adequate for the contractors’ hauling, the Public Works Director may designate a different haul road for the contractor to use.
   (D)   If the contractor elects to use a different haul road than those designated by the contractor or the Public Works Director, the contractor shall secure written approval from the Public Works Director before the haul road is used.
   (E)   (1)   Before a contractor may use a designated haul road, a joint inspection of the roads will be made by the contractor and the Public Works Director.
      (2)   Following the inspection, an agreement shall be executed on a form provided by the city, signed by the contractor and the city, stating existing conditions and setting forth any special conditions of restoration of the haul road.
      (3)   This agreement shall be approved by the Public Works Director prior to hauling over the haul road.
   (F)   While hauling operations are in progress over the designated haul road, the contractor shall maintain the haul road in a condition satisfactory to the Public Works Director.
   (G)   When hauling operations are completed, the contractor shall restore the haul road to a condition that satisfies the conditions stipulated in the agreement signed by the city and the contractor. The Public Works Director will determine the kind and amount of restoration work required on the haul road, if any.
   (H)   The fact that other traffic has used the haul road concurrently with the contractor shall not relieve the contractor of any obligation to maintain and restore the haul road. If other contractors concurrently haul materials over the same route, the Public Works Director will determine the amount of maintenance and restoration obligation to be assessed against each contractor based on the best available objective information.
   (I)   Upon completion of the restoration work on a haul road, a joint inspection of the haul route will be made by the contractor and the city. If the restoration is satisfactory, then the city shall execute a haul road release on a form provided by the city.
   (J)   The Public Works Director may designate the City Engineer or any other qualified city employee to fulfill any of the Public Works Director’s duties set forth in this section.
   (K)   Any contractor who hauls without an approval haul road agreement or who fails to restore the haul road shall be civilly liable to the city, for any damages done to the haul road.
   (L)   It shall be unlawful for any contractor to haul qualifying loads without a haul road agreement, or to fail to designate a haul road or to fail to restore any damages done to a haul road.
(Prior Code, § 5.01.11) (Ord. 683, passed - -; Ord. 731, passed - -; Ord. 1063, passed 10-2-2023)